REPORT 


OF 


THE    TRIAIi 

OP 

CHARLES  N.  BALDWIN, 

FOR  A 

LIBEL, 

XW  TUBLISHING,    IN    THE    REPUBLICAN    CHRONICLE,    CERTAIN 

CHARGES  OF  FRAUD  AND  SWLNDLING, 

/JV  THE  MAJVAGEjVEJ^TT  OF 

LO  1.TER1ES 

IN  THE  STATE   OF  NKW-YORK. 

CONTAIIflNO, 

■BHE  PDBLICATIONS  IN  RELATION  TO  THIS   INTERESTING  SUBJECT — THE 

EVIDENCE — THE    SPEECHES    OF  THE  COUNSEL  ON  BOTH  SIDES^ 

AND  THE  CHARGE  OF  HIS  HON.  C.  D.  COLDKN,  MAYOR 

OP  THE  CITY  OP  NEW-YORK,  TO  THE  JURY. 

THE  TRIAL    COMMENCED  ON     TUESDAY    THE    10th     OP    NOVEMBER,    AND 

LASTED   UNTIL  FRIDAY  MORNING  2  o'cLOCK,    WHEN   THE 

JURY   RETURNED    A    VERDICT    OF 

<'NOT  GUILTY." 


THE  MHOLE  BEING  TAKEN  DOWN  IN  SHORT  HAND,  AT  THE  TRIAL,  WITH 
GREAT  ACCURACY,  BY 

H.  VV.  WARNER,  ESQUIRE. 


PRINTED  AND  PUBLISHED  BY 

C.  N.  BALDWIN, 
CORNER  or    CHATHAM   AND    CHAMBER-STRETTS. 


1818. 


Sotilhern  District     >  • 

ofJVew-Vork,     J     SS, 
Be  it  remembered,  that  on  the  seventeenth  day  of  Noventiber,  in  the  fortr-tLfril 
/tc\  year  of  the  ludep«ndeuce  of  the  United   States  of  America,  Charles   N. 
^    ■   ■'   Baldwin,  of  the  said  District,  hath  deposited  in  IhisOffice  tlie  title  of  a  book 
the-  right  whereof  he 'claims  as  proprieter,  in  the  words  following,  to  wit : 

"  Report  of  the  Trial  of  Charles  \.  Baldwin,  for  a  Litjel,  in  publishing,  in  the 
Republican  Chronicle,  certain  charges  of  Fraud  and  Swindling,  in  the  Manage- 
insnt  of  Lotteries  in  the  stale  of  New- York.  Containing,  the  publications  in  rela- 
tion to  this  interesting  subject — the  eviiience — the  speeches  of-the  counsel  on 
both  sidtg,  and  the  charge  of  his  Hon.  C.  D.  C'olden,  major  of  the  ciiy  of  New- 
York,  to  the  Jury.  The  trial  commenced  on  Tuesday  the  10th  of  November, 
and  lasted  until  Fiidav  morning  2  o'clock,  when  the  Jury  returned  a  Verdict  of 
"  :\ot  Guiliy."  The  whole  being  taken  down  in  short  hand,  at  the  trial,  with 
great  accuracy,  by  H.  W.  Warner,  Esquire." 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States,  entitled,  "  An 
Act  for  the  Encouragement  of  Learning,  by  securing  the  copies  of  Maps,  Charts, 
,  and  iiooks,  to  the  Authors  and  Proprieiors  of  such  copies,  during  the  time  therein 
nierlioned  :"  and  also  to  an  Act  entitled  "  Ap  Act,  Supplementary  to  an  Act,  en- 
titled *  An  Act  for  the  Encouragement  of  Learning,  by  securing  the  copies  of 
Maps,  Charts  and  Books,  to  the  Authors  and  Propriwlois  of  such  copies,  during 
the  limes  tiierein  mentioned,'  and  extending  the  benefit!^  thereof  to  the  arts  of  de- 
ei'gaiug,  engraving,  and  etching  historical  and  other  prints." 

JAMES  DILL, 
Clerk  qfthe  Southern  District  ofjfcw-  York^ 


INTRODUCTION. 

Containing  a  brief  account  of  the  causes  which  led  to  the  detection  of 
Lottery  frauds,  and  to  our  trial  for  a  libel. 


We  live  in  an  age  of  new  inventions,  and  new  (dis- 
coveries. A  set  of  sober  industrious  mechanics  have 
\ate\y  been  detected,  in  the  neighborhood  of  Lofjdon, 
in  a  conspiracy  to  rob  their  neighbors.  Calculating  on 
their  snfety  from  situation,  they  felt  secure  thai  their 
honest  and  industrious  demeanor  by  day,,  would  screen 
them  from  suspicion  of  robbery  by  ?tight.  But  like 
most  rogues  who  have  relied  on  situation  as  a  screen^ 
they  were  protected  only  for  a  time,  and  very  soon, 
that  situation  on  which  they  relied,  became  not  a  screen 
to  hide  their  crimes,  but  an  index  to  point  at  them. 
Having  procured  money  beyond  the  means  of  ordinary 
mechanics,  and  showing  out  to  their  neighbors  a  splen- 
dor beyond  their  situation — it  was  their  situation,  con- 
nected with  that  splendor,  which  first  awakened  sus- 
picion; suspicion  led  to  investigation — investigation 
to  detection — and  detection  to  punishment — ;just  as  in 
the  case  of  the  lotteries.  And  thus  it  often  pleases 
Providence  to  use  the  means  on  which  wicked  men 
rely  for  protection,  to  draw  down  upon  their  heads  the 
very  punishment  they  wish  to  elude. 

The  history  of  the  lottery  frauds  which  have  been 
practised  for  years,  in  our  city,  and  the  history  of  the 
manner  in  which  these  frauds  have  been  detected, 
would  be  not  only  interesting  but  instructing  to  every 
attentive  and  reflecting  reader.  Neither  our  time,  nor 
the  limits  to  which  we  are  prescribed,  will  permit  us 
to  enter  minutely  upon  these  histories.  It  must  there- 
fore suflice  for  us,  on  this  head  to  say  that  the  disclo- 
sures made  by  the  witnesses  at  the  trial,  here  published, 
prove  that  this  community,  where  tickets  have  been 
sold  to  a  greater  extent  and  number,  than  in  any  other 


iy.  INTRODUCTION. 

part  of  the  world  ;  the  honest  and  unsuspecting  peo- 
ple have  been  swindled  almost  beyond  the  possibility  of 
calculation.  And  it  is  a  curious  fact  that  the  fraud  was 
so  deeply  hid,  and  artfully  played  off  under  the  cloak 
of  a  benevolent  Jew — and  an  uncommonly  pious  Chris- 
tian— that  both  Jews  and  Christians  have  been  mor- 
tified if  not  disgraced  by  the  trick. 

It  is  no  wonder  that  Managers  should  have  been  de- 
ceived by  such  deep  and  cunning  hypocricy;  and  it 
is  equally  natural  that  the  people  themselves,  whose 
cause  we  have  espoused,  should  be  our  prosecutors  in 
a  criminal  court  for  daring  to  asperse  the  characters 
of  such  exemplary  men  as  Mr.  Sickles  and  Mr.  Judah. 
Indeed,  we  ourselves,  although  our  senses  informed 
us  of  the  fact,  could  hardly  believe  it  possible,  that 
these  men  were  indeed  the  agents  behind  the  curtain 
who  managed  the  frauds  which  we  knew  must  necessa- 
rily exist 

Having  received  information  that  a  number  had  come 
out  of  our  lottery-wheel  in  pursuance  of  a  dream — and 
"that  the  ticket  on  examination  appeared  to  be  soiled, 
we  resolved  to  investigate  it.  Having  been  long  con- 
versant with  lotteries,  we  were  at  no  loss  to  find  sources 
of  information ;  and  being  in  the  confidence  of  lottery 
insurers,  disclosures  were  made  us  which  perhaps 
would  not  have  been  lisped  to  any  person  else.  Hav- 
ing well  understood  the  whole  history  of  No,  1 5468  as 
hereinafter  unfolded,  and  being  convinced  that  the 
fraud  was  no  little  babe  of  this  lottery,  but  on  the  con- 
trary a  most  impudent  knave,  almost  old  enough  to 
have  a  beard,  we  resolved  to  draw  it  forth  to  public 
view.  And  here  we  confess  we  had  a  trial  of  the  most 
painful  nature.  We  knew  we  were  about  to  prefer  a 
charge  of  fraud  upon  two  citizens  whom  we  long  had 
.  loved,  and  whose  friends  and  coimexions  were  highly 
esteemed  and  respected  in  this  community.  We  also 
knew  that  the  disclosure  might  be  injurious  to  the  ven- 
ders of  lottery  tickets,  as  well  as  to  insurers,  to  some 
©fwhomwewere  indebted  for  our  information  upon 


I 


INTRODUCTION.  v. 

this  subject.  As  to  reform  on  the  part  of  the  Managers 
it  was  hopeless,  unless  by  the  explosion  which  we 
w^ere  about  to  create.  And  therefore  with  the  sole 
view  of  producing  this  reform,  we  resolved,  from  the 
watch-tower  of  our  Press,  to  sound  the  alarm,  both  to 
the  people  and  our  magistracy.  We  accordingly,  on 
the  16th  day  of  Sept.  1818,  published  in  the  Chroni- 
cle the  following  paragraph  : — 

CITIZENS,  LOOK  OUT. 
It  is  a  fact  that  in  tliis  present  Lottery  now  drawing  in  our  cil}',  there 
is  Swindling  in  the  manatjement.  A  certain  jjentleman  in  town  re- 
ceived Intimation  last  week  tiiat  a  number  uamcd  would  be  drawn  on 
Friday  Jast  !  and  it  was  drmrn  that  day!  The  number  was  insured 
high  in  several  diflferent  places.  A  similar  thing  had  happened  once 
before  in  this  same  lottery :  and  on  examining  the  manager's  files,  the 
number  appeared  soiled  hs  if  it  had  been  in  the  pocket  several  days  !  If 
this  be  true,  and  we  vouch  for  it,  it  may  be  previously  known  who  shall 
have  the  100,000  dollars  in  this  Lottery.  It  deserves  immediate  invcsti- 
gation  by  our   magistrates. 

Immediately  on  the  appearance  of  the  above,  and 
within  an  hour  after  the  publication,  Mr.  Judah, 
whose  name  had  not  been  hinted  at  in  the  paragraph, 
in  company  with  a  friend,  came  to  our  office  foaming 
with  apparent  rage.  His  whole  anxiety  seemed  to  be 
on  account  of  the  reputation  of  the  Managers,  and  not 
at  all  for  himself  Hepronounce<l  the  paragraph  a  li- 
bel on  //ten — and  he  informed  us  (hat  Mr.  Sickles  wae 
not  a  manager,  a  fact  which  at  first  had  escaped  our 
recollection.  By  threats  which  did  not  avail  him 
much,  and  by  persuasions  which  could  not  move  us,  he 
tried  to  produce  from  us  a  recantation :  but  at  length,  in 
justice  to  the  Managers  appointed  by  the  law,  whom 
in  fact  we  never  did  intend  to  impeach,  and  on  liis  pro- 
ducing a  certificate  from  the  Lottery  Insurers,  we  con- 
sented to  publish  the  following,  which  appeared  in  our 
paper  of  the  17th  .September,  and  which,  without  the 
prefatory  remarks.  Mr.  Judah  caused  to  be  published 
in  the  morning  papers  of  the  same  day. 

We  republish  the  following  paragraph  in  our  own  paper,  in  justice  to 
the  managers  authorised  b;,  law  to  manage  the  Lottery  now  drawing. 
We  are  happy  to  learn  that  xUc  error  ofwjiirh  we  complained  on  Wed- 
nesday has  been  corrected — and  we  sincerely  hone  such  eirors  may  not 


Ti.  INTRODUCTION. 

be  repeated  !  we  recommend  to  the  lei^nl  managers  of  all  lotteries  to 
superintend  the  drnicini^s  in  person,  and  to  keep  a  good  lopk  out  upon 
then  subordinate  agents  /  The  temptations  to  fraud  are  very  great, 
and  too  much  care  and  vigilence  cannot  be  exerted  by  those  to  whose 
integrity  and  intelligence  the  law  has  entrusted  the  superintendance  of 
lotteries. 

Error  Corrected.  The  proprietor  of  the  Republican  Chronicle, hav- 
ing inadvertently  published  in  this  paper  of  last  evening,  a  paragraph 
implicaring  some  persons  in  the  management  of  the  present  lottery,  anl4 
having  since  heard  that  Dr.  S.  L.  Mitchell  and  general  Jeremiah  John- 
son, are  the  onlv  acting  manasers,  at  present,  in  this  city,  I  with  plea- 
sure declare,  that  I  have  the  fullest  confidence  in  the  honor  and  integrity 
of  ihose  gentlemen ;  and  I  have  since  been  informed,  from  a  source 
which  I  have  no  reason  to  doubt,  that  an  investigation,  with  respect  to 
the  insurance,  has  taken  place,  which  resulted  to  the  satisfaction  of  all 
parties  concerned.  CHARLES  N.  BALDWIN. 

On  the  evening  of  that  day  Mr.  Coleman  taking  the 
above  paragraph  lor  a  recantation  in  fact,  (although 
we  never  intended  it  for  any  thing  like  a  recantation) 
and  not  knowing  what  were  our  motives,  came  out 
upon  us  with  a  publication  of  our  first  and  second  pa- 
ragraphs, and  with  some  severe  remarks,  very  proper- 
ly put,  on  the  supposition  that  we  had  deserted  our 
case.  For  (hat  opinion  he  had  probable  cause,  but 
he  was  in  truth  in  error  about  it,  as  appears  from  the 
following,  published  in  our  paper  of  the  18th  Sept 

We  have  asserted  that  there  was  swindling  in  the  management  of  the 
present  lottery  now  drawing  in  our  city.  V\'e  have  explained,  by  saying 
that  the  legal  managers.  Dr.  Mitchell  and  Gen.  Johnson  were  innocent 
of  that  charge,  but  we  have  not  retracted  our  Jirst  charge.  We  have 
seen  the  paragraph  of  the  Evening  Post,  and  we  assure  the  editor  we 
think  and  feel  as  he  does,  and  both  he  and  the  public  shall  very  soon 
be  satisfied  by  our  explanations  and  proofs  of  those  particulars  on 
which  our  charge  is  founded.  There  are  other  persons  concerned  in 
the  drawing  of  the  lottery,  than  the  Managers  appointed  by  law  f  We 
again  recommend  to  the  Managers  to  look  well  to  every  draicing.  The 
practice  of  dropping  numbers  on  the  floor,  picking  them  up  and  throwing 
fhen:  back  into  the  wheel,  and  the  still  more  dangerous  practice  of  the 
boy  in  drawing  several  numbers  at  a  time  and  throwing  them  into  the 
lap  of  a  Sub-Manager,  is  reprobated  and  may  open  a  door  to  most  per- 
ni^-ious  swixDLr.NG  !  We  have  no  doubt  this  lottery  will  be  fairly  con- 
ducted now  ! 

We  acknowledge  here  our  obligation  (o  Mr.  Cole- 
man for  the  expression  of  his  opinion  that  facts  should 
be  disclosed.     We  were  consoled  by  it,  for  our  best 


INTRODUCTION  Vii. 

friends  condemned  us  without  mercj  for  daring  to  at- 
tempt it ;  and  we  were  greatly  encouraged  to  discover 
that  in  this  attempt  we  should  have  the  support  of  an 
editoi,  so  able  and  independent  as  the  editor  of  the 
Evening  Post.  We  knew  our  contest  would  be  no 
carpet  play,  for  we  foresaw  all  we  have  had  to  encoun- 
ter. 

Having  collected  our  proofs  to  a  point,  we  published 
the  following  in  our  paper  of  the  19th  September. 

This  interesting  subject  has  excited  an  extensive  and  deep  sensation 
in  this  community.  We  are  now  prepared  to  assure  the  public,  that  on 
next  Wednesday  our  paper  will  contain  a  plain  statement  of  facts, 
relating  to  our  late  serious  charge,  that  shall  unfold  to  the  public,  a 
scene  of  deep  laid  villany  in  lottery  management,  such  as  the  public 
have  seldom  witnessed.  We  once  more  acquit  the  Slate  Managers  of 
z\\  guilt  f  We  are  happy  to  hear  that  the  drawing  of  the  lottery  is  sus- 
pended until  Wednesday  ;  that  the  managers  are  about  to  assenibleand 
investigate  the  truth  of  our  charges,  and  that  Mr.  Denniston  has  already 
arrived  in  town  to  fill  the  vacancy  occasioned  by  the  sudden  retirement 
•fone  of  the  s?/6-managers  of  the  wheels/  On  Wednesday  ne.\t  we 
shall  speak  at  large  on  this  very  interesting  subject. 

Immediately  on  the  appearance  of  the  above  para- 
graph, we  were  assailed  on  all  sides,  sometimes  hy 
threats  of  the  most  terrific  nature,  and  sometimes  by 
persuasions  and  promises.  It  seemed  as  if  Me  should 
have  to  encounter  defeat,  disgrace,  and  punishment,  if 
we  persevered — and  that  we  might  walk  on  velvet  if  we 
would  only  be  silent. 

On  the  23d  September  pursuant  to  promise  we  pub- 
lished our  statement  as  follows: 

LOTTERY  MANAGEMENT. 

We  now  enter  on  the  painful  but  imperious  duty  of  exposing  all  we 
know  of  the  late  disgraceful  transactions  in  the  management  of  the 
Medical  Science  Lottery,  at  present  drawing  in  this  city. 

It  is  first  necessary,  for  the  better  understanding  of  our  statement, 
that  the  public  should  have  a  short  description  of  the  mode  and  manner 
of  our  drawings.  All  the  blanks  and  prizes  are  placed  in  one  wheel, 
and  the  numbers  of  lottery  tickets  are  placed  in  another.  The  numbers 
are  written  or  printed  on  fair  white  squares  of  paper,  about  two  inches 
square,  rolled  round  a  wire,  then  tied  up  with  a  thread,  and  the  wire 
drawn  out,  so  as  to  leave  the  number  in  a  small  roll.  In  Europe,  the 
l»oy  who  draws  his  numbers  out  of  the  wheel,  is  compelled  to  have  his 
arm  naked  to  his  shoulder;  he  is  confined  to  the  drawing  of  one  mim- 
ber  at  a  tiuie,  aiid  he  must  take  each  number  between  Lis  thumb  ?wA 


vUI.  INTRODUCTION. 

finger,  and  carry  k  direct  out  of  the  wheel  high  over  his  head,  to  let 
the  spectators  see  that  all  is  fair.  This  most  important  and  wholesome 
regulalion  is  not  at  all  regarded  by  our  managers  here.  On  the  con- 
trary, our  wheels,  in  this  respect,  have  been  so  managed,  that  frauds 
might  have  been  practised  without  the  least  danger  of  detection.  The 
boy  of  this  wheel  has  a  frock-sleeve  on  his?7^/i<  arm,  but  he  draws  the 
number  with  liis  left  hand — he  draws  three  or  four  at  a  time,  and  care- 
lessly throws  them  into  tlie  receiver's  lap — drops  them  about  tl>e  floor 

picks  them  up — throws  them  into  the  wheel  again,  and  manages  diem 
with  all  the  non-chalance  of  a  boy  playing  with  useless  rolls  of  paper. 
It  will  readily  be  perceived  that  when  a  handful  of  tljese  rolls  are  put 
into  a  sub-manager's  lap,  it  would  be  no  difficult  matter  for  him  to  con- 
ceal one  of  them,  and  after  carrying  it  a  iow  days  in  his  pocket,  call  it 
against  the  stationary  prize  of  .'^35,000,  or  $70,000,  or  any  other  sta- 
kionary  prize  he  pleased.  And  it  will  also  occur  to  our  minds,  that  he 
n)ight  be  tempted  to  do  this,  either  by  the  hope  of  buying  a  ticket  of 
that  number  in  the  market,  or  by  the  certaintij  of  gain  from  insurance 
on  that  number,  at  the  diflerent  insurance  offices  in  the  city,  for  a  par- 
iicular  day  !  From  the  neglect  of  our  managers  to  adopt  the  European 
manner,  very  alarming  accidents  have  several  times  happened,  to  the 
knowledge  of  the  managers  themselves;  and  it  is  somewhat  a  matter  of 
surprise,  that  with  all  that  their  experience  \ms  taught  them,  they  should 
still  be  so  very  careless  as  they  are  in  the  management  of  the  number- 
wheel. 

At  one  lottery,  a  little  boy  was  detected  in  the  fact  of  having  con- 
cealed a  number,  which  he  had  received  from  his  master,  who  was  an 
insurer,  and  who  had  been  employed  to  make  up  the  tickets: /or;the 
wheel,  as  JMr.  Sickles  was  to  make  up  the  tickets  for  the  present  wheel. 
At  another,  a  little  boy  was  bribed  to  conceal  a  number,  which  after- 
wards it  appeard,  wnsinsttred  in  the  city,  and  the  man  being  detected 
■fey  the  information  of  the  boi/,  was  exposed  by  the  managers,  and  his 
project  defeated.  At  another  lottery,  the  drawing  had  closed,  when  a 
clerk  infi)rmed  the  managers  that  No.  17  was  not  yet  called — but  the 
managers  settled  the  hash  quickly,  by  one's  calling  i\o.  17 — and  the 
other's  answering  "  blank /'^  In  that  instance.  No.  17  had  most  likely 
been  taken  out  of  the  wheel  for  some  villanous  purpose,  and  the  owner 
certainly  was  deprived  of  his  chance  for  the  high  prize  by  somebody. 
Many  similar  accidents  have  happened,  and  it  is  very  strange  that  the 
wheel  still  is  managed  in  the  same  harum-scarum  and  careless  manner. 
The  very  day  when  Mr.  Denniston  drew  the  stationary  $35,000,  in 
ilie  Owego  Lottery,  Mr.  Sickles  drew  the  number  in  a  very  improper 
manner.  He  put  his  own  hand  in  the  wheel,  and  took  out  the  numben 
It  is  true  the  boy  was,  by  some  reason  or  other,  absent,  but  we  object  t© 
tlio  manner  !  lie  has  managed  in  a  way  more  m;>rojy«*  at  other  times, 
by  taking  out  a  handful,  and  opening  them  from  his  lap.  And  here  we 
entreat  the  managers,  forthwith,  to  adopt  the  European  mode  in  all 
respects — it  will  prevent  accidents  and  strange  suspicions.  It  is  for 
llif  se  reasojis  that  we  are  now  making  these  statements.  We  do  not 
wish  to  aciirrsu  iMr.  John  H.  Sickles,  er  Mr.  NaphuU  Judah,  or  Master 


INTRODUCTION.  j^ 

John  Ten  Brook.  If  it  be  true  that  Mr.  Sickles  is,  or  was^  up  to  the 
9th  day, the  only  substitute  at  the  H«7n6er-\vheel ;  that  Master  Ten  Brook, 
his  Grandson,  draws  the  numbers  from  that  wheel,  that  Mr.  Judah 
received  an  anowy wows  letter  informing  him  that  No.  15,468  would 
come  out  on  that  day — that  Mr.  .ludah,  acting  on  the  faith  of  that  letter, 
insured  several  thousand  dollars  on  that  number — that  the  number  did 
eome  out  that  day — that  it  was  soiled  as  if  the  number  had  been  worn 
in  the  pocket — and  is  not  soiled  now — then  we  say  there  has  been 
swindling  in  the  management  of  this  lottery  somewhere !  And  it  is 
high  time  for  the  public  to  look  to  it !  The  certificates  of  the  managers, 
the  affidavits  of  Alessrs.  Sickles,  Judah,  and  Ten  Brook,  to  the  contrary 
notwithstanding.' 

We  now  proceed  to  the  particular  facts  relating  to  our  charge  against 
the  management  of  the  present  lottery. 

On  the  morning  of  the  drawing  of  the  fifth  day,  the  No.  3,865  had 
been  insured  at  the  different  lottery  oflices  in  this  city  for  large  sums. 
On  the  day  of  the  drawing,  that  number  came  out,  and  the  insurers 
found  themselves  severely  touched,  though  no  one  as  yet  had  any  fixed 
suspicion  of  foul  play.  A  similar  fate  happened  to  the  No.  30  on  the 
drawing  of  the  seventh  day.  And  the  suspicion  of  one  gentleman 
began  to  be  excited  to  such  a  degree,  that  he  was  resolved  to  watch  the 
management  at  the  wheel  with  his  own  eye.  It  was  perceived  by  the 
different  offices,  that  on  the  9th  day,  which  was  Friday  the  1 1th  instant, 
there  was  a  great  run  for  the  insurance  on  one  particular  number,  to 
wit,  15,468.  At  the  drawings  the  managers  are  in  the  habit  of  calling 
one  hundred  numbers,  and  then  stopping  for  a  (ew  moments  to  rest. 
The  first  and  second  hundred  of  this  day,  had  already  been  drawn  out 
of  the  wheel,  and  after  resting,  the  managers  proceeded  to  the  third 
hundred.  Here  it  was  seen  by  an  eye  that  watched  the  wheel  closely, 
that  Master  Ten  Brook  put  three  numbers  at  once  into  the  lap  of  Mr. 
Sickles,  and  the  three  hundred  and  fourth  number  was  called,  apparently 
"Without  any  communication  with  the  wheel.  That  number  loas  15,468 .' 
The  gentleman  who  watched,  as  soon  as  he  heard  the  call  15,000, 
started,  and  prophecied  it  to  be  the  fatal  number  15,468.  Nothing 
more  was  said  at  the  time,  and  the  drawing  closed.  Two  gentlemen 
were  now  deputed  to  examine  the  files.  They  did  so,  and  reported 
that  the  number  was  soiled  as  if  it  had  been  worn  in  the  pocket.  Another 
examination  took  place  in  the  presence  of  eleven  different  people,  and 
it  was  then  discovered  that,  not  only  No.  15,468  was  soiled,  but  also, 
the  No.  30,  drawn  on  the  7th  day,  and  No.  3,865,  drawn  on  the  5th 
day.  Mr.  Gilchrist  was  present  at  those  examinations,  and  he  was 
particularly  careful  that  no  one  should  touch  the  files  but  himself.  He 
knows  the  numbers  rcere  soiled,  and  particularly  No.  8,865  was  almost 
the  color  of  dirt ;  No.  30  was  less  soiled,  but  No.  15,468  was  so  plainly 
soiled,  that  every  person  present  pronounced  it  to  have  been  dirtied  by 
carrying  in  a  pocket. 

We  will  now  turn  our  attention  to  some  facts  which  induced  \\%  to 
believe  that  it  was  known,  at  least,  to  one  man  beforehand,  that  thosA 
numbers  would  come  out  the  days  in  which  they  made  their  appearance 
respectively.     We  forbear  to  make  «ny  remarks  at  nvesont.  «n  fkc 


X  INTRODUCTION. 

certiCjcatc  oMlie  niananrers  published  yesterday,  accompanied  by  the 
affidavits  of  Mr.  Sickles,  Mr.  Ten  Brook,  and  Mr.  Jiidah.  We  only 
say  tiiut  if  the  tickets  are  now  white,  we  can  show  tliat  it  is  a  further 
^nmnd  for  still  greater  suspicion — and  we  think  we  can  prove  ic/io  it  is 
liiat  lias  made  them  white.  And  here  we  beg  the  managers  to  keep  the 
keys  of  the  lottery  room  in  their  own  hands.  That  room  ou<:ht  never 
to  be  opened  but  I)y  one  of  tlie  sworn  mnnoffcrs  appointed  ht/  law  !  No 
5Ml)-inanaGfpr  shonKI  have  free  access  to  it  ulone!  Lotteries  are  very 
templinj;  and  drino^crous  things  !  Experience  teaches  us  that  they  can- 
not be  \oo  pru(}p.nthi  guarded  at  every  point,  against  the  possibility  of 
fraud,  for  all  men  are  not  honest  that  .sTf w  so  !  When  the  insurers  out 
doors  came  to  make  enquiries  who  it  was  th.at  had  insured  so  highly  on 
No.  Ij.^GS,  it  was  discovered  to  be  JMr.  Thorne,  a  gentleman  who 
kec|;sa  Portcr-f  louse  in  Hudson-street,  and  the  statement  he  is  ready 
to  make  under  his  oarh  is  as  follows :  On  the  morning  of  Friday  the 
lull  instant,  iMr.  Judali  called  at  his  house  very  earl  ij  in  the  morning, 
and  expressed  a  wish  that  he  should  procure  insurance  for  hira  on  No. 
]r),-4()8 — and  wished  him  to  get  as  large  sums  upon  ii  as  could  be  had. 
He  was  very  particular  as  to  that  number — so  very  particular  about  it, 
that  Mr.  Thorne  asked  why  his  directions  were  so  strict  as  to  that  num- 
ber. Mr.  Judah  informed  him,  that  he  had  had  a  remarkable  dream 
about  that  number — that  he  had  beard  the  number  called  in  his  sleep, 
and  dreamed  he  was  at  the  City  Hall  when  he  heard  it  called.  In  con- 
sequence of  these  directions,  Mr.  Thorne,  with  the  money  of  Mr.  Judah 
(w!i()  is  himself  an  insurer)  went  to  the  difierent  offices  and  procured 
policies  to  the  amount  of  two  thousand  three  hundred  dollars,  and  up- 
wards !  Mr.  Thorne,  also,  saw  on  the  files  of  the  managers  the  iwVeri 
tickets,  which  the  managers  say  are  now  white — and  this  fact,  he,  with 
many  others,  is  ready  to  verify  on  oath,  whenevei  called  on  in  a  proper 
wav.  He  was  so  sensible  of  the  fraud,  that  when  Mr.  Jndah  called  on 
him  for  the  policies,  he  refused  to  give  them  up.  We  now  state,  that  at 
a  meeting  of  loftfM-y  venders,  called  on  this  subject,  Mr.  Judah  asserted, 
that  he  had  leceived  intimation  that  No.  15,4GS  would  come  out — not 
from  his  own  dream — but  from  the  dream  of  some  other  dreamer,  by 
means  of  an  anonymous  letter.  He  swears  to  this  fact  in  his  allidavit  of 
yesterday.  This  letter  informed  Mr.  Judah,  that  the  writer  had 
(Ireame.'l  this  number  would  come  out,  and  as  he  was  "  a  very  benevo- 
lent good  man,  and  did  a  great  deal  for  the  poor,'"  the  secret  was  com- 
municated to  him  coupled  with  earnest  adxncc  to  insure  on  that  number 
for  himself.  So  by  way  of  showing  h\s  faith  in  this  dream,  and  his 
great  goodness  lothe  i)oor,  Mr.  Judah  went  to  work  to  get  two  thousand 
tiircc  hundred  dollars  and  upwards,  out  of  the  poor  insurers,  whom  he 
pointed  out  to  Mr.  Thorne  ! 

It  was,  however,  agreed,  at  the  meeting  of  the  venders  of  lottery 
tickets,  that  there  was  fraud — the  insured  offered  up  his  policies,  and 
the  insurers  returned  the  premium.  It  may  be  matter  of  surprise  to 
some,  that  those  insurers  should,  mar.y  of  them,  within  three  days  altcr- 
wards,  certify  that  this  lottery,  in  their  opinion,  was  the  '•  fairest  drawn 
loiievy  in  the  union."  But  when  we  remember  that  they  were  greatly 
jmjvoriiincd  to  do  so,  and  were  deeply  interested  in  the  sale  and  iusur- 


INTRODUCTiaN.  xi 

ance  of  tickets,  we  can  easily  imagine  that  they  should  si;^n  that  certi- 
ficate— for  the  present  moment.  When  we  asserted  that  there  was 
swinilli;)<,r  in  the  management  of  this  lottery,  we  believed  so.  When  we 
certified  that  the  puhlicatioii  was"  inadvertent,'-  we  oidy  meant  that  it 
was  so  inasmiicli  as  our  charges  seemed  to  apply  to  Doctor  ?»iilche!J 
and  (General  Johnson,  when  it  was  only  intended  to  apply  to  the  under 
management — and  therefore,  without  retracting  any  thinsj,  we  published 
our  certificate  acquitting  thcin,  and  stating  '•  that  the  attair  of  the  insur- 
ance had  been  satisfactorily  arranged."  We  have  kept  back  our  state- 
ment till  to-day.  fur  the  purpose  of  hearing  the  result  of  the  manacers' 
investiga'ion.  We  have  much  more  circunisl.mtial  evidence,  and  when 
our  story  is  fully  heard,  we  think  the  ()ublic  can  easily  account  for  the 
peculiar  distribution  of  s<rt/?o;7«/-y  prizes  in  some  lolteries  heretofore 
drawn.  We  stand  ready  to  prove,  that  three  numbers  insured,  one  on 
the  oth,  one  on  the  7th,  and  one  on  the  i;ih  day's  drawing,  came  out  oii 
their  respective  days — that  the  coming  of  one  was  certainly  foretold 
once  to  Mr.  Judah  in  his  dream,  and  once  to  Mr.  Judali  by  letter — that 
every  one  of  those  numbers  wjere  soiled,  so  that  eleven  respectable 
witnesses  of  the  fact  will  attest  to  it  under  oath,  when  called  upon  in  a 
court  of  justice — that  they  came  through  the  hands  of  Mr.  Sickles,  tcho 
is  removed  from  the  ic/ieel,  and  if  tiiey  are  white  now,  we  c;in  tell  pretty 
satisfactorily  ?f;Zfy  made  them  so.  Therefore,  we  say  that  it  has  been 
possible  for  a  sub-manager  to  say  when  a  certain  number  should  come 
out,  and  what  number  should  draw  the  100,000  dollars — and  this, 
altogether,  is  pretty  good  proof  that  there  has  been  swindling  some- 
where. 

Between  our  statement  and  that  of  the  managers,  we  leave  the  public 
to  judge.  That  there  has  been  carelessness,  every  one  will  readily 
admit — that  fraud  mai/  have  been  committed,  is  certainly  y;o»s/6/t'.  We 
think  the  «o//c(/  tiekets — the  dream — the  anonymous  letter — the  insur- 
ance— the  abandonment  of  the  insurance — and  the  ease  with  which  the 
tickets  may  be  taken  out,  secreted  and  called,  on  a  purtindur  dm/ .' 
altogether  places  the  charge  of  fraud  beyond  the  power  of  contradic- 
tion ! 

As  the  managers  have  promised  us  a  sight  of  their  files  this  after- 
noon, we  forbear  publishing  our  affidavits  and  other  evidence  till  ano- 
ther time. 

On  the  evening  the  foregoing  article  Avas  publish- 
ed, while  the  city  was  ringing  with  the  noise  which  it 
had  excited,  the  examination  of  the  soiled  tickets  took 
place  by  Joseph  D.  Fay  and  Jeremiah  I.  Drake,  Esq?, 
and  Mr.  Moses  Allen,  t(ie  result  of  which  investigation 
will  be  found  in  the  body  of  the  trial.  In  consequence 
of  repeated  assurances  on  the  part  of  Mr.  Judah,  Mr. 
Denniston,  and  the  son  of  Mr.  Sickles,  to  clear  up  the 
supposed  frauds,  and  of  promises  to  refer  the  investi- 
gation of  them  as  hereinafter  stated,  we  published  the 


xii  INTRODUCTION. 

following  for  the  mere  purpose  of  allaying  public  opi- 
nion and  to  alleviate  the  lieelings  of  those  we  had  so 
justly  accused. 

"  On  this  subject  an  investigation  is  now  taking  place,  in  the  course  of 
which  we  hope  to  prove  Mr.  Sickles  and  Mr.  Jiidah  free  lioin  imputa- 
tion. They  are  gentlemen  well  known  to  us,  and  they  both  have  swona 
they  know  nothing  of  fraud  in  this  affair.  They  are  men  of  established 
character,  and  no  one  who  knows  them  can  doubt  their  veracity  under 
an  obhgation  so  solemn." 

"  The  public  are  requested  to  suspend  opinion  as  to  them,  until  the 
result  of  this  investigation  shall  be  known.  It  is  necessary,  and  justice 
demands  that  we  should  again  say  we  never  intended  the  slightest  im- 
putation upon  the  purity  of  the  managers,  Gen.  Johnson,  Dr.  Mitchell 
and  Alderman  Denniston,  Mr.  Kent  or  Mr.  M'Lean,  or  on  the  little 
boy,  whose  innocence  we  cannot  doubt." 

JNotwithstanding  the  solemn  assurance  we  received 
and  the  disposition  on  our  part  to  give  Mr.  Judah  and 
Mr.  Sickles  an  opportunity  to  clear  up  the  imputation 
that  rested  on  their  characters,  we  learned  with  no 
small  degree  of  surprise  that  the  investigation  on  their 
part  had  been  very  wisely  declined.  Qn  the  29th  of 
September  the  following  statement  under  the  signature 
of  Mr.  Judah  himself  appeared  in  the  Columbiitn. 
THE  LOTTERY. 

In  an  article  of  considerable  length,  published  in  the  Republican 
Chronicle,  of  the  23d  inst.  and  headed  "  Lottery  Management," 
my  name  is  introduced  in  a  way  calculated  to  make  an  unfavourable 
impression  on  the  public  mind  ;  it  is,  therefore,  a  duty  I  owe  myself, 
as  well  as  the  public,  however  unpleasant  may  be  the  performance 
of  it,  to  give  a  statement  of  the  transaction. 

On  Thursday  evening,  the  10th  inst.  when  I  came  home,  I  found 
the  following  letter,  written  in  an  unknown  hand,  which  had  been 
left  at  rny  dwelling-house  in  my  absence,  by  a  boy  unknown  : — 

"  Dear  sir, — Your  friendly  and  benevolent  di^i)Osition  induces  me 
to  inform  you,  that  I  dreamed  that  ticket  No.  15,4G3  will  be  drawn 
on  the  ninth  day  of  drawing.  I  inform  you,  that  you  may  benefit 
by  my  vision.  A  FRIEND." 

To  those  persons  who  are  unacquainted  with  the  insurar  e  of 
lottery  tickets,  it  may  appear  absurd  that  dreams  should  have  any 
influence  on  the  choice  of  numbers  to  be  insured  ;  but  those  ac- 
quainted with  the  course  of  that  business  well  know,  that  more  than 
two-thirds  of  all  the  numbers  insured  are  chosen  in  consequence  of 
dreams  One  person  dreams  and  communicates  it  to  another,  and 
he  to  a  third,  and  so  on.  Sometimes  these  dreams  are  realized, 
but  oftener  they  prove  fallacious.  Five  hundred  numbers  are  drawn 
•ju  a  day,  and  any  person  that  names  one  of  those  five  hundred,  by 
paying  a  premium  graduated  according  to  the  numbar  of  days  of 


INTRODUCTION.  xiH 

drawing,  he  obtains  the  sum  insured,  if  the  number  named  happen* 
to  be  one  ol'  the  5U0  drawn  on  that  day,  whether  it  be  a  blank  or 
prize. 

,  On  the  morning  of  the  f  1th  Inst,  having  much  business  to  occupy 
my  time  that  forenoon,  and  knowing  that  the  lottery  was  to  draw 
■again  in  the  afternoon  of  that  day,  I  went  into  l\Ir.  Thome's,  who 
retiides  near  me,  and  requested  him  to  take  that  number  in  the  way 
mentioned  by  Mr.  Moses  in  the  following  aflidavit: — 

City  and  County  of  New-York,  ss. 

Isaac  Moses,  of  the  said  city,  merchant,  being  duly  sworn,  dotl* 
depose  and  say,  in  the  presence  of  Almighty  God,  that  he  has  seen, 
with  much  surprise,  in  a  certain  Newspaper  called  the  Republicau 
Chronicle,  printed  in  this  city,  and  edited,  as  this  deponent  is  in- 
formed, by  one  Charles  N.  Baldwin,  a  certain  publication  of  the 
S3d  inst.  headed  "  Lottery  Management,"  and  purporting  to  con- 
tain, among  other  things,  the  substance  of  a  conversation  between 
Mr.  Naphtali  Judah,  of  this  city,  and  Mr.  Thornc,  who  keeps  a 
porter-house  in  Hudson-street,  and  wherein  it  is  stated,  "  that  on 
the  morning  of  the  11th  inst.  Mr.  Judah  called  on  Mr.  Thome  very 
early  in  the  morning,  and  expressed  a  wish  that  he  should  procure 
insurance  for  him  on  No.  16,iG8,  and  wished  him  to  get  as  large 
sums  upon  it  as  could  be  had  ;  that  he,  Mr.  Judah,  was  very  parti- 
cular about  it,  and  that  he  informed  Mr,  Thome  he  had  had  a  re- 
markable dream  about  that  number — that  he  had  heard  the  number 
calle<l  in  his  sleep,  and  dreamed  he  was  at  the  City-Hall  when  he 
heard  it  called.  And  this  deponent  further  says,  that  he  was  pre 
sent  at  the  conversation  alluded  to,  and  heard  all  that  passed  be 
tween  them  on  the  subject,  and  believes  he  has  a  very  distinct  re- 
collection of  what  took  place  on  the  occasion  :  that  so  far  from  Mr. 
Judah's  informing  Mr.  Thorne  that  he  had  had  a  remarkable  dream 
about  the  number  15,468,  he  merely  informed  him  that  it  was  a 
number  that  had  been  dreampt  of,  and  not  that  he  had  dreamed  ot 
it  himself,  or  that  he  had  heard  it  called  in  his  sleep  or  that  he 
was  at  the  City-Hall  when  he  heard  it  called  ;  that  this  conversation 
took  place  after  breakfast,  at  ab  !ut  8  o'clock,  and  therefore  not 
"  very  early,"  as  he  asserted  in  the  said  publication  ;  that  Mr.  Ju- 
dah gave  Mr.  Thome  about  110  dollars,  and  informed  him  that  he 
might  lay  it  out  in  the  different  offices,  and  tliat  lie  might  be  inter- 
ested to  the  amount  of  one  half,  or  in  any  proportion  he  might  choose  ; 
that  Mr.  Thorne  thereupon  conjsontcd  to  become  interested  in  con- 
nexion with  this  deponant  in  the  sum  of  ^  250.  And  this  depo.ent 
further  saith,  that  at  the  time  above-mentioned  he  kept  a  Lottery- 
Office  in  a  part  of  the  premises  of  the  said  Thome,  on  their  joint 
account ;  and  that  he,  this  dej)onent,  is  informed,  and  believes  it  to 
be  trie,  that  the  saict  Thorne  has  received  ten  per  cent,  on  the 
whole  amount  insured  on  the  said  number;  and  has  refused  to  ac- 
count with  this  deponent  for  any  part  ol  the  same.  And  further  this 
deponent  saith  not.  ISAAC  MOSES. 

Sworn  the  2Isi  day  of  September,   1818,  before  me, 

ISAAC  ADUIANCF.,  \otcmj,Pvblk. 


xiv  LNTRODUCTION. 

This  numbor  happened  to  be  one  of  tlie  500  drawn  on  that  djy. 
and  tvas  therefore  entitled  to  the  amount  insured.  As  the  gentle- 
men who  keep  officer  for  insurance  refuse  to  go  large  sums  on  any 
particular  number,  this  number  was  taken  in  different  otHces  each 
one  taking  it  for  a  small  sum  ;  and  when  this  circumstance  was 
known,  that  this  number  was  run  in  a  number  of  oflice;?.  they  from 
that  fact  grew  suspicious,  and  went  to  the  tiles  to  examine  it — and 
wbe.i  there,  saw.  or  fanci  •  1  they  saw,  that  the  number  was  soiled. 
One  of  tW.fif  gentlemen,  Mr.  Healy,  and  who  was  as  mvich  inter- 
ested as  any  of  them,  says  it  was  not  soiled.  In  ':onfir!nation  of  his 
opinion,  I  refer  to  the  certificate  of  the  managers,  and  the  other 
proofs  hereafter  staled ;  but  if  this  or  any  other /lumber  was  soiled, 
wo'dd  that  fact  be  sufficient  to  prove  that  it  had  been  soiled  by 
*•  weiring  in  the  pocket,"  or  that  it  had  been  frandidently  drawn 
fr-i-;;'  th'*  wheel — when  it  is  known  that  those  numbers  have  been- 
printed  between  8  and  d  years  ago,  and  have  lain  during  all  that 
time,  (till  ]>ut  into  the  wheel,)  on  the  shelves  of  the  room  where 
G.  Si,  fl.  Waite's  bookbinder  works?  as  appears  is  the  case,  from 
G.  &  K.  Waite's  certificate,  who  printed  those  numbers,  which  is 
as  follows  : — 

"  Wc  certify,  that  the  numbers  for  the  lottery  wheel,  which  is 
furnished  for  the  Fifth  Medical  Science  Lottery,  have  been  printed 
about  {)  or  9  years,  and  have  constantly  laid  on  the  shelves  of  the 
loom  where  our  bookbinder  works.  G.  &  R.  WAITE." 

On  the  next  Monday  after  the  said  number  came  up,  I  caused  a 
meeting  of  the  gentlemen  concerned,  and  then  showed  them  the 
anonymous  letter  I  bad  received,  and  informed  them  1  had  taken 
that  number  in  consequence  of  that  letter;  but  tb.it  if  there  was 
the  least  suspicion  about  it,  I  would  not  take  one  dollar  for  a  thou- 
sand. 1  then  abandoned  the  insurance,  and  returned  the  amount  to 
those  who  had  settled.  An  additional  motive  for  this  course,  was 
my  desire  to  remain  on  good  terms  with  the  gentlemen  comj)rising 
those  oiTices  that  I  do  business  with.  Those  gentlemen  were  all 
satisfied  as  to  my  conduct,  and  deputed  Mr.  Buitus  to  communicate 
the  same  to  me  and  my  friend.  Captain  Myers,  whom  1  requesle'd 
might  be  present  at  the  meeting.  That  communication  was  in  these 
words  :  — 

Mr.  N.  JvDAH,  mw-York,   i  1th  Sept.  1818. 

Dear  sir — The  following  is  a  copy  of  a  letter  sent  to  your  friend, 
Captain  M.  Myers.     Respectfully  yours,      JAMES  A.  BURTUS. 

Captain  M.  Myehs,  Kero-York,  Sept.  15,   1818. 

Dear  sir — The  explanation  made  by  Mr.  N.  Judah,  at  the  meet- 
JMg  of  the  Lottery-Ofllce  keepers,  yesterday,  was  perfectly  satis- 
factory to  all  concerned,  and  Mr.  Judah  was  exoneratod  from  all 
improprietY  of  conduct.  Respectfully  your's,  inbehalf  of  the  meet- 
,ni.  JAMES  A.  BURTUS.* 


♦  When  tliis  letter  was  iiritlen  by  Mr,  Burlus,  he  had  been  greatly  iinporluned  by  Mr 
SiiMt  ai:J  Lis  i"nci:Js  u.  say  somcihir,^  Uj  allay  ihe  fetliagi  of  Mr.  Juilali.     Mr-  J .  iwoie 


LNTRODUCTION.  xv 

But,  after  all,  to  show  the  little  confidence  I  placed  in  the  ano- 
uymous  letter,  I  refer  to  the  following  aifidavit  of  Mr.  Hart,  from 
which  it  wi:l  appear  that  he,  acting  as  my  clerk,  was  not  prohibited 
from  taking  that  identical  number  from  the  ditlcrent  offices,  nor  li- 
iiiiltod  in  the  amount  to  be  taken  on  it — he  miglit  have  taken  it  for 
tiiroc  times  the  amount  that  1  had  caused  it  to  be  insured  for,  as 
jiothing  is  more  common,  when  one  person  runs  a  number,  for  others 
to  do  the  same. 

City  and  County  of  New- York,  ss. 

Leon  Hart  of  the  said  city,  the  sole  clerk  at  the  office  of  Mr.  Ju- 
dab,  being  duly  sworn,  doth  depose  and  say,  in  the  presence  of  Al- 
nii^i)ty  God,  that  when  he  went  to  the  City-Hall,  in  order  to  get 
the  numbers  from  the  different  offices,  that  neither  Mr.  .Tudah  nor 
any  other  person  gave  him  directions  not  to  take  No.  15,468 — he 
did  take  all  that  was  given  him  on  the  said  number,  and  would  have 
taken  as  much  upon  that  number  as  upon  any  other  number,  and  fur- 
ther (his  deponent  saith  not,  LEON  HART. 
Sworn  this  25th  day  of  September   1818. 

ISAAC  ADRIANCE,  Notary  Public. 

On  the  same  day  that  this  said  publication  appeared  in  the  Chron- 
icle, but,  after  the  paper  was  published,  another  examination  of  the 
files  took  place,  in  consequence  of  an  agreement  made  the  day  pre- 
vious by  and  between  the  managers  on  the  one  part,  and  Mr.  Bald- 
win on  the  other.  This  examination  took  place  according  to  said 
agrp.ement,  in  presence  of  the  manager.?  and  several  other  persons — 
and  Joseph  D.  Fay,  esq.  the  counsel  of  Mr.  Baldwin,  and  Jeremiah 
1.  Drake,  and  Moses  Allen,  esqrg.  were  chosen  to  critically  examine 
and  report  their  opinion  as  to  the  apjiearance  and  character  of  the 
said  suspected  number.  I'he  two  last  mentioned  gentlemen  were 
of  the  same  opinion  as  the  manna-ers,  that  No.  15,4G8,  showed  no 
indication  of  being  soiled  by  wearing  in  the  pocket,  but  Mr.  Fay 
thought  otherwise,  whereupon,  the  managers  took  that  number,  to- 
gether with  the  rest  that  were  on  the  same  file,  being  about  150  in 
all,  and  placed  them  on  a  tal)le,  with  the  numbers  downwards,  and  re- 
quested Mr.  J.  D.  Fay  to  pick  it  out,  who  after  examining  for  up- 
wards of  one  half  hour,  could  not  locale  on  the  said  nimiber.  In  ad- 
dition to  the  foregoing  statement,  I  submit  to  the  dispassionate  con- 
sideration of  the  public,  the  following  certificates  and  affidavits  : 

*#*  We  the  undersigned,  venders  ot  lottery  tickets,  having  seen, 
with  jegret,  a  certain  communication,  tending  to  bring  our  state 
lotteries  into  disrepute,  have  no  hesitation  in  expi'cssing  our  fullest 
confidence  in  the  integrity  of  the  managers  of  said  lottery. 

We,  therefore,  assure  our  distant  corresjjondents,  that  no  Lotterj' 

hr  was  iiiiioiciil,  and  haviiii^iriven  up  (he  iiolicie?,  the  iwilie.s  iiisiiiinj;  roulcl  df -tio  lew 
l!i!in  to  SHV  "  thai  was  jx-ifoctlv  sntisfacloij-  to  all  <on<  tnicd,"  aiic!  ihnt  Ik  shonl'l  b«  l\v 
limn  "  exoiK'iatcd /roll!  nil  iinproin-ietv  ot'coiiiluct,"  whatticr  the  publit  tnij;lit  lie  pleas- 
ed to  think  hI)oui  it.  ISu!  Mr.  Buituf  and  the  others,  did  no'  iiiKnd  lliat  letter  foriiubli- 
■i'wtion  ;  and  fhcv  afterwards  iH-comt  matters  of  nianv  more  fai-l»,  to  x-liiug  \hv  trr.iv], 
thun  itic)-  WLie  whtti  the  ineelii»^ nlliidt tl  to  took  f  lato,  cir!  nould  not  fflith  jri'.o ar.t^ihn 
such  a  Ulif-r  ifiMr.  Jadah.  "        . 


xvi  INTRODUCTION. 

la  the  union  has  been  conducted  with  more  iateg;rity,  all  cotninunica* 
feons  to  the  contrary  notwiihstanding. 

G.  &  R.  WAITE",  S.  k  M.  ALLEN, 

DAVID  GILLESPIE,  BENJAMLN  CRANE, 

JAMES  A.  BURTUS  k  CO.  JUDAH  k  LAZARUS, 

JOHN  REID,  O.  C.  GRACIE&  CO. 

R.  WAITE,JUN.  WILLIAM  SMITH, 

DANIEL  D.  SMITH,  ABM.  P.  BROWER. 

Whereas  it  has  been  published  that  a  certain  Number  in  the  Lot- 
tery for  the  promotion  of  Medical  Science  No.  5 — to  wit,  the  Num- 
ker  15,4G8,  drawn  on  the  ninth  day  of  the  drawing  of  the  same, 
was  examined  by  the  said  Publisher,  on  the  Managers'  file,  and  ap- 
peared to  him  soiled,  as  if  it  had  been  in  the  pocket  of  some  person 
for  several  days,  and  whereas  it  has  been  charged  that  there  is  swind- 
ling in  the  management,  connected  with  a  scene  of  deep  laid  villany, 
and  whereas  also  the  public  sensibility  has  b'-en  considerably  exci- 
ted by  these  publications  and  charges.  The  undersigned  Managers 
«f  said  Lottery,  have  carefully  examined  the  numbers  on  their  files, 
and  more  especially  the  Number  15.468  alledged  to  be  soiled  as  if 
carried  several  days  in  the  pocket,  and  they  are  of  opinion  that 
there  is  no  indication  of  such  soiling,  and  that  the  number  does 
not  appear  to  liave  been  carried  at  all  in  the  pocket  of  any  person 
and  we  are  further  of  opinion,  and  from  our  knowledge,  and  from 
the  annexed  affidavits,  that  the  declarations  and  asseverations  to  that 
effect  are  wholly  without  foundation.  We  do  further  state,  that 
John  H.  Sickles  is  the  only  substitute  which  has  been  engaged  in 
tlie  drawing  of  the  aforesaid  Lotter)'  up  to  the  9th  day's  drawing, 
and  that  John  Ten  Brook  was  the  only  Boy  that  drew  the  numbers 
from  the  wheel -on  the  aforesaid  ninth  day's  drawing.  Mr.  Judah 
la  the  gentleman  that  caused  the  insurance  to  be  made. 

Subscribed,  SAMUEL  L   MITCHELL, 
JEREMIAH  JOHNSON. 
ISAAC  DENNISTON, 
City  of  New-York,  ss. 

Naphtali  Judah  of  the  said  city  being  duly  sworn,  deckres  in  the 
presence  of  Almighty  God,  that  he  has  not  at  any  time  during  the 
drawing  of  the  Lottery  No.  5,  for  the  promotion  of  Medical  Science, 
received  any  information  whatever  from  the  managers  or  from  any 
person  substituted  by  them  or  either  of  them,  or  from  either  of  the 
Boys  employed  at  the  drawing  of  the  said  Lottery — that  the  number 
15,468  should  be  drawn  from  the  wheel  during  the  ninth  day's  draw- 
ing, upon  the  11th  Sept.  inst.  the  day  when  the  said  number  was 
actually  drawn  ;  and  that  he  received  no  information  about  the  sfiid 
number,  or  the  alleged  drawing  of  the  same  on  that  day,  except  by 
an  anonymous  Letter,  and  fiulher  that  he  has  no  reason  to  believe 
that  either  of  the  managers,  or  the  substitutes,  or  boys  employed 
by  them,  wrote  that  Letter,  or  was  privy  to  or  concerned  in  writing 
■he  same.  '      NAPHTALI  JUDAH. 

Sworn  bsfore  me  (he  UUt  dav  of  September  1818. 

ISAAC  DENNISTON, 
Alderman  for  the  City  of  Albany. 


INTRODUCTION.  xvli 

City  of  New-York,  s?. 
John  I.  Sickles,  of  the  City  of  New- York,  being  duly  sworn,  de- 
clares in  the  presence  of  Almighty  God.  that  he  has  no  knowledge 
of  any  unfair  transaction  in  the  drawing  of  the  Lottery  No.  5,  for 
the  promotion  of  Medical  Science ;  that,  on  the  contrary,  he  is  fully 
convinced  the  drawing  of  the  same  has  been  fairly  and  properly  con- 
ducted ;  that  he  has  never  made  any  communicalion  to  Mr.  Naphtali 
Judah  concerning  the  appearance  of  the  number  15,4G8  on  the  ninth 
day's  drawing,  or  concerning  any  other  number.  And  further  saith 
not.  JOHN  H.  SICKLES. 

Sworn  before  me,  the  21st  Sept.  1818. 

ISAAC  DENNISTON, 
Alderman  of  the  City  of  Alban) . 

City  ol  New- York,  ss. 
John  Ten  Brook,  of  the  city  of  New-York,  being  duly  sworn,  de 
clares  in  the  presence  of  Almighty  God,  that  he  never  has  at 
any  time  during  the  drawing  of  the  Lottery  for  promoting  Medical 
Science,  No:  5,  concealed  any  number  drawn  from  the  wheel,  nor 
made  any  communication  whatever  concerning  nunibers  not  drawn, 
or  about  to  be  drawn  from  the  same.     And  further  saith  not. 

JOHN  TEN  BROOK. 
Sworn  before  me,  this  21st  of  September,  1818. 

ISAAC  DENNISTON, 
Alderman  for  the  city  of  Albany. 

There  is  ene  other  fact  that  I  will  add  to  the  foregoing  statement, 
and  evidence,  by  way  of  answer  to  an  intimation  made  by  Mr.  Bald- 
win. He  says  the  managers  can  direct  where  the  capital  prizes 
shall  go — 1  have  only  to  say,  they  have  never  sent  any  in  my  direc- 
tion— for  I  have  been  in  the  lottery  business  upwards  of  23  years  ; 
and  in  the  course  of  that  time,  I  suppose,  I  have  had  upwards  of 
thirty  thousand  tickets  which  remained  unsold,  drawn  to  me  in  the 
lotteries  of  this  state,  and  never  had  a  prize  in  any  of  them  beyond 
one  thousand  dollars  ;  whereas,  from  that  number,  according  to  the 
doctrine  of  chances,  1  ought  to  have  drawn  a  number  of  the  capital 
prizes  ;  had  the  managers  been  dis^posed  to  favour  me,  and  were 
they  bad  enough  to  have  done  so  through  any  motive  whatever,  they 
could  with  the  same  facility  have  directed  to  me  a  capital  prize  a:? 
to  have  predicted  the  time  any  particular  number  would  come  up. 

The  truth  is,  if  practices  like  those  charged,  were  to  be  encour- 
aged, it  must  be  evident  to  all  that  know  me,  that  from  my  engage- 
ments in  lottery  business,  I  should  be  the  first  and  principal  victim  of 
such  frauds.  I  forbear  to  comment  on  the  absurdity  of  the  imputa- 
tion— and  in  submitting  this  statement,  with  the  evidence  of  its  truth, 
I  feel  confident,  that  an  enlightened  public  will  duly  appreciate  the 
motives  of  those  who  have  endeavoured  to  injure  me  in  the  estima. 
tion  of  my  fellow-citizens.  NAPHTALI  JUDAH. 

JSfe-s^-York,  Septembfir  28,  1818. 


xviii  INTRODUCTION. 

Ill  the  same  number  of  the  Columbian  we  find  the 
following  editorial  paragraph  in  relation  to  the  forego- 
ing statement. 

Lo/^ery— We  publish  in  this  paper  a  mass  of  evidence,  proving  ^at 
the  hue  reports  of  unfair  manat^jenient  in  tlie  Medical  Science  Lottery, 
are  without  any  foundation  in  truth — The  confidence  with  which  they 
were  atjirst  disseminated,  and  tiie  plausible  aspect  which  they  wore, 
were  well  calculated  to  deceive  those  who  did  not  know  the  circumstan- 
ces of  the  lottery,  and  the  p?.i  ties  implicated.  The  very  respectable 
mana'irers,(Dr.  Mitchell,  General  Johnson,  and  Alderman  Denniston) 
have  civen  these  reports  a  respectful  consideration,  and  it  appears  they 
arc  all  full  1/  satisfied  of  the  fairness  of  the  drawing. — What  man  will 
presuiDe  to  question  such  testimony,  or  suffer  suspicion  to  bias  hira  in  a 
fuse  of  such  hi^di  importance  ? 

We  areliighiy  gratified  at  this  result,  and  trust  that  the  press  will  do 
justice,  as  far  as  possible,  to  all  who  have  been  named  in  connection 
with  these  respoits. 

In  reply  to  which  we  published  the  following  on  the 
next  e\  eninw-. 

We  perceive  bj'  the  editorial  paragraph  in  yesterday's  Columbian, 
rolatint^  to  this  subject,  that  our  friend  Spooner,  as  well  as  ourselves,  has 
been,  what  the  countryfolks  call,  under  the  hatchel  /  And  does  he 
think  that  the  reports  of  unfair  management  in  the  Medical  Lottery  are 
without  ani/  foundation  in  truth  !  VVill  the  public  think  so?  Friend 
Spooner.  it  wont  do !  So  much  has  already  leaked  out,  that  if  we  both 
should  certify  that  all  is  fair,  the  public  would  not  believe  us,  even  on 
Mr.  Judah's  statement.  After  all,  it  is  a  queer  thing,  that  a  man  should 
have  information  by  anonymous  letters,  that  a  ticket  will  come  out  on  a 
certain  day ;  that  he  should  insure  two  thousand  three  hundred  and 
fifiy  dollars  on  it — that  the  ticket  should  come  out  on  the  day  appoint 
cJ — that  it  should  be  soiled  in  a  peculiar  manner — that  the  insurance 
should  be  abandoned,  because  there  was  unfairness;  and  that  the  par- 
ties should  then  all  certify  that  there  was  no  unfairness  at  all  !  This  is 
certainly  queer !  and  it  is  the  more  queer,  when  it  happens  that  there 
are  soiled  tickets  which  hit  the  insurers  for  three  days  successively. 
There  are  several  important  facts,  which  Mr.  Judah  in  his  statement 
seems  to  have  forgotten. — one  of  which  is,  that  when  Mr.  Fay  expressed 
his  opinion  that  the  ticket  No.  15,468  was  soiled,  ha  saw  it  on  the  file, 
in  a  fair  light  by  the  window.  And,  that  when  Mr.  Denniston  had  taken 
then)  off  the  hie,  and  laid  the  tickets  with  their  backs  upwards  (in  doing 
which  he  was  some  time  occupied  alone  by  himself/)  it  was  twilight,  in 
a  cellar  room,  in  the-  City  Hall,  and  that  Mr.  Fay,  after  looking  (not 
more  than  three  .'/linntes  at  farthest,  instead  of  half  an  hour  .')  said  it  was 
too  dark  to  distinguish  the  tickets  fairly,  and  gave  it  up  ;  but  a  person 
did  diHtini(uiish  tlie  ticket  by  the  back  immediately  after,  and  took  it  out 
of  the  bunch.  And  that  person  then  offered  to  bet  50  dollars  to  5,  that 
he  would  pick  the  ticket  out  in  that  way  as  often  as  Mr.  Judah  or  Mr. 
Denniston  would  make  the  bet.     Mr.  Judaii  tbrgot  also  to  state  that  Mr. 


LNTRODUCTION.  xU 

Drake  was7i/«  Counsel,  and  tliat  Mr.  Allen  is  a  man  too  mnch  interested 
in  this  concern  to  be  imiiartial — and  that  these  are  reasons  why  their 
opinion,  as  well  as  Mr.  Deiiniston's,  mi-iht  differ  from  the  opinion  of  all 
other  persons  on  that  subject.  We  saw  the  tickets  and  say  that  they 
were  soiled  ;  four  other  centlemen  (^disinterested)  were  present,  and  will 
confirm  our  opinion.  Every  body  agrees  with  us  on  this  point,  except 
the  Managers,  Mr.  jTidah,and  his  very  good  friends  who  tlvink  him  free 
from  imputation  !  Will  Mr.  Judah  and  Mr.  tJenniston  be  so  kind  as  to 
tell  us  why  tliey  declined  submitting  this  issue  to  Messrs.  Enmiet,  Wells, 
and  D.  B.  Ogden  ?  This  is  now  a  dispute  between  the  Lottery  Men 
and  the  Public.  Why  should  not  the  public  have  a  choice  of  arbitra- 
tors ?  And  indeed  why  should  the  lottery  managers,  or  any  person  con- 
nected with  thera,  be  judges  in  a  case  which  they  have  now  made  their 
own  .''  We  want  only  a  fair  investigation — and  Mr.  Allen  says  "  fair 
play  is  a  jewel,"  and  we  assert  that  if  we  are  denied  it,  our  inference  is, 
it  is  another  proof  of  something  wrong.  There  are  men  about  the  lottery 
up  to  any  thing  /  IS'ot  a  bit  too  good  to  lie  and  cheat  too  !  If  those 
soiled  tickets  could  speak,  and  old  lotteries  could  tell  us  secrets  from 
their''  charnel  houses,"  alas  !  alas  I  how  would  this  public  be  astonished 
at  their  relations  !  We  have  done  some  good.  Yesterday  the  lottery 
was  drawn  in  a  decent  style.  The  boy  was  ordered  to  put  his  proper 
arm  in  the  wheel — to  take  out  but  one  ticket  at  a  time — and  when  he 
carried  it  direct  over  his  head,  and  held  it  high  up  for  the  public  eye, 
the  public  burst  forth  with  applause  ! 

We  have  given  Mr.  Judah's  statement,  and  hereafter  we  will  throw 
some  more  light  on  this  mysterious  affair.  We  are  told  Mr.  Judah 
said  we  were  going  to  recant  !  So  we  will  when  we  are  convinced 
there  is  no  fraud  !  but  not  on  /»« statement — no  "  nor  by  coinpuhiwi 
Hal !"  even  if"  compulsions  were  as  thick  as  blackberries."  We  have 
been  threatened  !  But  come  what  will,  the  mystery  shall  be  fairly  in- 
vestigated. We  yesterday  discovered  onoMer  witness  to  the  fact, that 
tickets  have  been  called  in  this  lottery,  "  which  tickets  did  not  come 
directly  from  tiie  wheel !  !  !"  And  if  this  be  true,  no  wonder  there  are 
dreams,  visions,  and  anonymous  letters  flying  about  as  thick  as  shadows ; 
"  communicated  froiu  one  to  another,  from  him  to  a  third — and  «o  oh/''' 

On  the  same  evening  a  statement  of  Tunis  Wort- 
man,  Esq.  appeared  in  the  Columbian  in  behalf  of  the 
managers,  not  very  creditable,  however,  to  either  of 
them.  This  etat<  ment  w  as  followed  on  our  part  by 
affidavits  and  proofs,  unfolding  part  of  the  evidence 
which  has  since  come  out  more  fully  on  our  Trial.  On 
the  second  of  October,  we  published  the  followino- : 


XX  INTRODUCTION. 

LOTTERIES  AGAIN. 

Unawed  hy/rowng,  hy  flattery  unsubdu'd, 
By  truth  .^irtcled,  be  our  task  purstn  d  ; 
Tho' terror's  s.iaky  crest  indignant  nods, 
Th')'  fools  aid  knaves  usurp  the  seat  of  gods  ! 
Till'  til/ed  men  our  homage  may  demand, 
Wu'li  still  retain  out  indeptnd'nt  stand. 

If  the  -pubnc  have  supposed  from  our  paragraph  of  the  24th  of  Sep- 
tember, that  we  meant  to  retract  from  our  charcje  of  fraud  in  the  ma- 
naeement  of  the  lottery,  they  have  miscontrued  that  paragraph,  and 
are  much  mistaken.  It  is  true  we  were  sorely  beset  on  all  sides,  and  if 
the  terrible  threats  of  certain  gentlemen  could  have  awed  us  into  a  re- 
cantation, they  were  not  sparing  of  those  threats,  either  in  number  or 
in  magnitude.  After  our  statement  of  the  particulars  of  the  fraud,  (and 
we  again  assert,  that  he  who  says  there  is  no  fraud  must  be  at  least  half 
blind,)  all  the  parties  concerned  in  this  thing,  from  Alderman  Dennis- 
ton  to  Mr.  Judah,  hurled  their  fulrainations  at  our  heads  with  so  much 
fury,  and  so  roundly  swore  there  was  no  fraud,  and  so  earnestly  assured 
lis  that  there  should  be  an  investigation  in  which  every  thing  would  be 
satisfactorily  explained;  and  then  they  solicited  us  so  affectionately  io 
say  something  to  allay  j)ublic  opinion,  that  we  thought  it  but  justice  to 
tell  that  public  that  an  investigation  was  under  way — and  that  we  really 
hoped  to  prove  our  very  good  friends  all  innocent.  We  offered  to  sub- 
mit the  investigation  to  Mr.  Emmet,  Mr.  Wells,  and  Mr.  D.  B.  Ogden, 
disinterested  gentlcirt on,  in  high  standing,  whose  decision  would  have 
weight  to  bear  down  the  popular  opinion,  in  case  that  decision  should  be 
against ««/  Mr.  Denniston  accepted  this  offer,  and  generously  promised 
to  bear  his  proportion  of  defraying  the  expense  of  investigating;  but 
the  next  day,  we  learned  somewhat  to  our  suprise,  that  investigation  be- 
fore those  gentleraoji  would  not  be  altogether  desirable  on  the  part  of 
Mr.  Judah  and  his  friends.  It  was  then  stated  that  the  Attorney  Ge- 
neral, and  all  the  Managers  would  soon  have  a  meeting,  at  which  there 
would  be  a  thorough  examination  of  all  the  facts.  Bye  the  bye,  we 
have  a  v\  ord  or  two  lo  say  about  all  offers  of  submission  to  the  managers, 
and  oth'.'r  persons  on  their  behalf  alone.  The  managers  have  already 
•'ortifjed  that  the  tickets  '•'  are  not  soiled  as  if  worn  in  the  pocket."— 
We  again  say  '•'  They  are  so  soiled."  They  have  also  said  "  there  is  no 
'foundation  for  the  charge  of  fraud."  We  again  say  "  there  is  founda- 
iion."  and  we  will  prove  it. 

The  more  we  think  of  the  managers'  certificate,  the  more  we  are 
.-jstonishcd — and  the  further  we  inquire  into  this  thing,  the  more  we 
ore  convinced  that  the  public  are  so  much  a  oarty  concerned  in  the  af- 
lair,  that  they,  as  well  as  the  managers,  ought  to  have  a  chance  for 
iiearinq  anA  seeing  into  this  mystery.  We  have  a  great  respect  Ibr  the 
J.Ianagers,  and  lor  the  officers  of  the  slate  generally,  but  no  power  shall 
shake  our  determination  to  speak  the  truth,  and  no  high-handed  certifi- 
cates shall  stop  us  in  our  attempt  to  expose  frauds,  which  we  think  have 
disgraced  our  slate  so  long  that  every  good  man  ought  to  be  happy  to 
^e**  :liem  tUtocted.     There  must  be  an  entire  new  revolution  in  lotte- 


INTRODUCTION.  xxi 

ries  and  lottery  management.  And  some  persons  who  have  been  long 
enough  about  our  lottery  wheels,  must  be  removed,  or  we  will  never  let 
this  interesting  subject  sleep  as  long  as  we  can  hold  a  pen.  We  have 
been  told  that  our  publications  hurt  the  sale  of  lottery  tickets!  Is 
this  a  reason  for  hushing  up  a  fraud  ?  We  were  also  told  that  we  hurt 
the  reputation  of  the  state.  We  deny  it.  Not  we  who  expose,  but 
those  who  wish  this  fraud  hushed  up,  disgrace  this  state  !  And  now 
we  ask  Mr.  Judah,  did  you  not  in  a  late  lottery,  insure  on  fnur  tickrts  at 
one  drawing?  Did  they  not  every  one  come  out?  VVhat  were  the 
chancfes  against  iheir  coming  out  ?  And  did  you  not  receive  3200 
dollars  for  your  hits  ?  When  these  questions  are  answered,  we  have  a 
few  queries  for  Mr.  Denniston — whom  we  caution,  in  a  friendly  way, 
not  to  involve  us  in  a  newspaper  warfare  with  any  of  his  minions.  "  I 
pray  you  avoid  this  /" 

On  the  same  evening  an  editorial  paragraph  appear- 
ed in  the  Columbian,  which  to  us  appeared  r;ither 
strange,  for  we  could  not  reconcile  it  with  our  princi- 
ples of  honor,  that  the  editor  of  a  public  print  should 
become  the  advocate  for  fraud  and  corruption,  irom 
party  motives  ;  we  therefore  published  the  following: 

Truth  and  Justice.  Mr.  Spooner  says  he  has  no  object  in  mention- 
ing the  lottery  subject,  but"  to  defend  truth  and  justice.^'  And  then 
he  strangely  i^alls  foul  of  us,  and  says  "  the  charge  has  been  solemnly 
investigated,"  and  talks  of' a  fair  verdict  of  acquittal !"  U'hy,  there 
are  not  three  men  in  this  world,  oid  of  his  circle,  lhntn<iree  with  him. — 
Lift  up  thy  nose,  friend  Spooner,  and  thou  wilt  smell  fraud  in  the  air,  as 
Sancho did  bacon.  "  Out  upon  it,  and  fie  for  shame!"'  Dost  thou 
believe  in  ghosts  and  dreams  ?  As  sure  as  you  are  alive,  there  lias 
been  villany  abroad — and  "  it  smells  rank  to  Heaven  !"  W^e  shall 
breath  a  little,  to  hear  what  the  Comptroller  and  Attorney  General  say, 
and  then  we  will  give  further  proofs. 

Soon  after  these  publications  had  appeared.  Mr. 
M'Intyre,  Comptroller  of  the  State,  caused  an  investi- 
gation to  be  commenced,  on  the  part  of  the  State,  by 
eminent  gentlemen,  viz: — Mr.  Emmet,  Mr.  Harrison, 
and  Mr.Lawrence — but  theGrand  Juryhavingtakenthe 
affair  into  consideration,  it  was  deemed  improper  for 
those  gentlemen  to  proceed.  By  that  Grand  Jury  we 
were  indicted  at  the  October  term,  for  a  libel ;  and  that 
is  the  Grand  Jury  who  made  the  presentment  about 
which  our  opponents  so  much  boasted — andwhich  oc- 
casioned the  ibllowing  to  appear  in  our  paper  of  the 
16th  October 

Lottery.  We  understand  that  the  Grand  Jury  in  and  for  the  body 
of  the  city  and  county  of  New- York,  having  gone  through  a  wide  range 


xxii  LNTRODUCTION. 

of  inquhy  on  ihi.s  same  subject  of  the  lottery,  have  indicteil  nobody 
for  a  fraud,  a  great  many  for  insuriii£[,  and  us  for  Ubelling.  And  now, 
ye  who  have  been  guihy  of  fraud  in  this  or  any  former  lottery  drawn  in 
this  state,  tremble  ! — the  truth  shall  no  longer  hang  enveloped  in  the 
mists  and  clouds  cast  upon  it,  by  interested^  biassed  and  tiHiid  men,  for 
by  the  powers  of  an  independent  and  a  fearless  mind,  we  will  make  the 
truth  shine  out — even  if  we  do  "  hurt  the  sale  of  tickets  in  the  Medical 
Science  Lottery  !  !"  A  slander  has  long  gone  abroad,  that  our  state  is 
so  corrupt,  that  there  are  no  honest  men  in  it.  There  is  one  at  least, 
who,  come  what  will,  is  not  to  be  moved  by  tlie  persuasions  of  party 
friends,  or  the  threats  of  powerful  adversaries,  from  his  fixed  purpose  to 
speak  and  act  iiprightli/ on  this  great  and  most  interesting  occasion. — 
We  are  glad  to  be  put  upon  our  defence,  for  having  charged  that  there 
was  swindling  in  the  management  of  our  Medical  Science  Lottery. — 
Whoever  chooses  to  identify  himself  with  the  swindlers,  by  protecting 
them,  let  him  do  so — but  if  we  do  not  spare  hira,  let  him  not  blame, 
and  he  shall  respect  us. 

On  the  1 9th  October,  after  we  were  indicted,  there 
appeared  in  the  Columbian  and  several  other  papers, 
advertisements  triumphantly  asserting  that  the  Grand 
Jury,  after  five  days  patient  investigation,  had  present- 
ed as  a  fact,  that  there  was  "  no  foundation  for  our 
charges  of  fraud."  We  knew  this  to  be  untrue — we, 
therefore,  thought  proper  to  publish  the  following  in 
(he  Chroniele  of  the  20th  of  October. 

To  the  great  dog  who  barks  about  the  immamlate  lottery,  and  all  the 
little  dogs  who  bark  in  tune  with  him — we  can  only  say,  "  hold  your 
tongues  ye  liars  of  the  first  magnitude,"  for  ye  know  that  our  hands  are 
tied  up  by  the  respect  we  have  for  that  court  in  which  our  trial  is  pend- 
ing.    There  is  but  one  way  to  sell  your  tickets.     Be  honest. 

TIjUs  c!o?p(1  our  editorial  couv-e  relating  to  the  interesting  subject  of  letter)-  frauds.  It 
is  impossible  fur  us  to  describe,  nor  can  tiie  public  f-vev  know  tlie  nature  or  tjeverity  of  the 
many  strugfrk'Satitl  difficulties  we  have  had  to  encounter.  Our  liopes,  our  fears,  our 
feelings  have  nil  met  with  the  r/iost  powerful  -appeals.  If  this  public  have  supposed,  from 
soiiK;  of  our  paragraphs  that  we  "  vacillated,"  it  must  be  charged  only  (o  the  peculiar  siiun- 
tjoiis  in  wlii(  h  we  were  placed.  Wc  stood  alone  aj;ainsl  "  ahosi" — we  dropi>ed  ctur  weapon 
To  puriy  with  our  oppDiieiiis — but  wc  never  sheathed  it.  We  ha-.e  been  indicted---we  have 
widuredthe  laljor,  the  expense,  and  the  ignoiiiiny  of  a  criminal  pi-osecutiou,  for  unfoldinp; 
So  thif  state,  most  interesting  trutli— but  our  acqniit.d  is  triutnphant— for  truth  is  great, 
j»r>d  will  prevail,  especiallyin  ourhappy  to;:ntry,  where  wc  have  magi-^tratesincori-uptiblfi 
Jttid  ju.'-irs  that  are  iiO-n.-( 


TRIAL,  &c. 


GENERAL  SESSIONS,    ss. 

COURT  MET  ON  TUESDAY,  NOV.  10,  1818,  PURSUANT  TO  ADJOURNMENT. 
Presentj 

The  n  ON.  Cadwallader  D.  Golden,  Mayor  of  the  City  of 
Ntto-York. 

George  B.  Thorpe,  >    Aldermen. 

Reuben  Muxson,  Lsqs,      3 

COUNSEL. 

For  the  Prosecution.  '     For  the  Defendant. 

V.C.\.K^^WycK,Dis.At.  Joseph    D.  Fay, 

John  Wells,  &  Josiah  O.  Hoffman,  «fe 

Peter  A.  Jay,  Esqrs.  David  B.  Ogde\,  Esqr?. 

JURORS. 

Jacob  Vanderpool,  Israel  Purdy, 

James  W.  Rorinsox,  John  Good, 

Harman  Shatzel,  Nathan  Robbins, 

Isaac  Collins,  Oliver  Vanderbelt, 

Grove  Wright,  Edward  Arrows jiith,. 

Isaac  Burr,  Jun.  Edward  Hiqgins. 

The  People,  ^ 

vs.  >      Indictment  for  a  Libel. 

Charles  N.  Baldwin.       ) 

The  District  Attorney  not  appearing  in  court  when  the  cause 
was  called,  Mr.  Jay  opened  the  indictment  very  briefly  to  the 
jury.  He  said  the  defendant  was  the  editor  of  a  public  news- 
paper, printed  in  the  city  of  New- York,  called  the  Republican 
Chronicle  and  City  Advertiser,  in  which,  on  the  19th  and  23d  of 
September  last,  two  publications  had  been  made  which  were, 
by  the  indictment,  considered  libellous  in  regard  to  the  mana- 
gers and  other  persons  concerned  in  the  drawing  of  the  5t|i 
Class  of  the  Medical  Science  Lottery  ;  and  that  those  libels  inV 


^  24 

volved  not  only  the  interests  of  personal  reputation,  hut  those 
also  of  the  revenue  of  the  state.  He  told  the  jury  that  Mr. 
Bal'Uvin  had  souj^ht  the  prosecution,  and  had  pledged  himself  to 
make  good  the  charges  he  had  published.  He  would  now  have 
an  opportunity  of  doing  so  if  it  was  in  his  power.  And  should 
those  charges  be  established,  he  said  the  jury  w^ould  of  course 
acquit  the  dcfendent. 

Mr.  Jay  the<n  proceeded  to  read  the  supposed  libellous  publi- 
cations, not  from  the  indictment,  but  from  the  papers  in  which 
they  had  been  printed;  and  by  the  consent  of  the  opposite 
counsel,  he  read  the  articles  entire,  without  confining  himself  to 
those  parts  on  which  the  indictment  was  particularly  founded. 

The  names  of  the  Managers  of  the  present  lottery  were  ad- 
mitted by  the  defendant's  counsel  to  be  Doct.  Samuel  L.  Mitch- 
ell, Gen.  Jeremiah  Johnson,  Moss  Kent,  Isaac  Denniston  and 
John  M'Lean. 

And  the  fact  of  the  publishing  by  the  dacfendnt  being  also  ad- 
mitted, the  proceedings  on  the  part  of  the  prosecution  were  here 
rested. 

Joseph  D.  Fay,  Esq.  one  of  the  Counsel  for  Mr.   Baldwin, 
then  opened  the  defence,  in  an  address  to  the  Jury,  as  follows  ; 
May  it  please  the  Court,   Gentlemen  of  the  Jury, 

As  this  very  interestuig  trial  will  probably  occupy  much  of  your 
time  and  patience,  1  will  now  endeavour  to  unfold  to  you  the  out- 
lines of  Air.  Baldwin's  defence  as  briefly  as  1  possibly  can,  without 
shrinking  from  the  duty  which  I  owe  to  him,  and  to  the  station  which 
T  hold  in  his  behalf  1,  however,  must  apprize  you,  that  the  facts 
which  are  involved  in  this  important  cause  are  very  numerous,  and 
extremely  difficult  to  be  comprehended,  except  by  those  who  are 
familiar  with  lottery  transactions. 

1  begin.  Gentlemen  of  the  Jury,  by  here  publicly  declaring,  that 
Mr.  Baldwin,  in  all  the  pubhcations  which  have  appeared  in  his 
paper  in  relation  to  the  subject  of  lotteries,  never  intended  to  sug- 
gest, and  1  am  fully  warranted  in  the  assertion,  he  never  did  sug- 
gest one  single  idea  derogating  from  the  integrity  or  the  purity  of 
those  n);u);iger3  of  our  lotteries,  whom  the  executive  of  our  state 
has  appointed  to  that  important  office.  On  the  contrary,  it  will  be 
seen,  by  a  pcrisd  of  those  papers  hereafter  to  be  exliibited  in  evi- 
dence, that  he  ha«,  on  all  occasions,  expressly  acquitted  from  all 
guilt,  not  only  those  managers,  but  the  boy  whom  they  have  era- 
ployed  at  the  number  wheel,  and  who,  is  made  a  party  to  this  indict- 
ment. 

But,  however  p-iinfnl  it  may  be  to  our  feelings,  we  deem  oiirselves 
compolU'd,  l)y  nn  imperious  sense  of  duty,  here  to  pause  in  our  de- 
cUrations  of  acquittal.  Nay.  we  do  expressly  and  directly  charge 
Mr  John  M  Sickles,  the  person  called  the  snb  manager  of  our 
fo'lcries,  and  Mr.  Xaphtali  Judah,  a  citizen  of  our  city,  with  hav- 


23 

ing  entered  into  a  conspiracy  to  make  money  out  of  our  lottery 
wheels,  by  contrivances,  of  a  deep,  daring,  and  fraudulent  nature. 
It  may  well  astonish  you  gentlemen,  that  men  who  have  heretofore 
maintained  among  us  standings  of  most  high  respectability,  should  bo 
allured,  by  the  hope  of  gain,  to  practices  so  nefarious  as  those  which 
I  am  about  to  disclose.  But  who  is  he  that  can  withstand  continual 
temptations  ?  What  man  is  so  strongly  armed  in  virtue  that  famili- 
arity with  vice  may  not  subdue  him  ? 

It  will  be  necessary  for  you,  Gentlemen,  in  the  first  instance,  to 
Understand  that  for  years  past  strong  suspicions  have  existed  in  the 
bosoms  of  many  people,  that  our  lotteries  had  a  special  and  unac- 
countable kind  of  failing  some-where.  By  some  means  which  were, 
Hntil  Mr.  Baldwin's  late  discoveries,  wholly  inexplicable,  it  has  often 
happened  that  tickets  have  been  missing  from  our  Lottery  wheels. 
The  managers  have  deemed  this  circumstance  so  much  a  matter  of 
course,  that  they  have  been  for  a  long  time  in  the  habit  of  counting 
the  tickets  prior  to  the  drawing  of  the  last  day,  for  the  express  pur- 
pose of  ascertaining  deficiences,  and  supplying  them  by  the  addition 
of  new  tickets.  And  although  these  deiiciences  have  been  regularly 
discovered  at  every  lottery  which  has  been  heretofore  examined,  it 
is  matter  of  some  surprise  that  such  uniform  evidence  of  something 
"  rotten  in  Denmark"  should  never  have  produced  one  single  effort 
©n  the  part  of  our  managers  towards  a  reformation  in  their  mode  of 
preparing  the  wheels,  and  conducting  the  drawings  of  our  lotteries. 

We  shall  show  you.  Gentlemen,  that  at  one  lottery,  some  years 
ago,  at  which  Mr.  Sickles  assisted  in  making  up  the  tickets  for  the 
vpheels,  and  at  which  he  also  assisted  in  drawing  the  numbers /row 
the  wheels,  exactly  as  he  has  done  at  the  Medical  Science  Lottery, 
now  drawing  in  our  city,  while  the  managers  were  all  busily  en<»-a- 
g'ed  in  drawing  and  calling  the  numbers,  Mr.  Judah  stepped  forth, 
and  requested  that  all  proceedings  might  be  stayed,  for  that  he  had 
something  to  communicate  concerning  the  number  then  about  to  be 
opened  He  declared  that  he  heUeved  that  number  was  not  fairly 
taken  from  the  wheel.  The  managers  expressed  great  surprise  ; 
but  Mr.  Juilah  said  he  know  the  numberj  and  would  precall  it.  He 
did  so  ;  and  on  opening  the  number,  it  was  found,  to  the  astonish- 
ment of  all  persons  present,  that  Mr.  Judah  had  called  it  correctly  ! 
Whether  Mr.  Judah  had  derived  his  information  about  that  number 
from  a  dream,  or  an  anonymous  letter,  or  whether  his  watchful  eye 
at  that  moment  discovered  a  peculiar  motion  on  the  part  of  Mr, 
Sickles  the  agent  at  the  wheel,  are  conjectures,  Gentlemen,  which 
at  this  late  crisis  it  is  impossible  for  us  to  resolve  into  certainty. 
But  it  is  very  probable  that  the  discovery  which  the  keen  eye  of  the 
interested  Mr.  Judah  made  in  that  moment,  for  ever  afterwards  com- 
pelled Mr.  Sickles  to  be  his  tool  and  slave  :  that  Judah  has  since 
that  moment,  with  all  the  power  of  an  eager  and  triumphant  ma- 
gician, waved  his  prophetic  and  dream-creating  wand  over  our  lot- 
tory-wheels  ;  and  that  since  that  moment,  a  conimnnitv  of  iaterests 
1 


26! 

and  feelings  has  produced  an  intimacy  between  him  and  Mr.  Sickles, 
which,  step  by  step,  has  conducted  thera  both  to  that  tremendous 
precipice,  on  the  edge  of  which  they  this  day  stand,  trembling. 

We  shall  be  able  to  prove,  on  the  part  of  Mr.  Baldwin,  that  at 
another  lottery  the  No.  17  was  discovered,  after  the  last  drawing,  ne- 
ver to  have  been  in  the  wheel  at  all.  We  shall  show  you  that  when 
this  curious  fact  was  whispered  to  the  managers,  one  of  them  immedi- 
ately called  "  No.  17,"  and  another  of  them  answered  '■'blank"'' — and 
that  this  mode  o(  drawing,  or  rather  calling  that  number,  was  so  far 
flatisfactory  to  those  managers,  that  nothing  more  was  done  by  them 
on  this  subject.  We  do  not  mean  to  lisp  a  syllable  against  the  legal 
managers  of  our  lotteries  ;  Gentlemen,  they  are  all  honorable  men, 
above  reproach,  and  above  suspicion  ;  but  we  do  say,  that  the  own- 
er of  No.  17,  was,  in  that  lottery,  defrauded  of  his  chance  for  the 
prizes  in  that  lottery,  by  somebody.  And  we  cannot  but  express  our 
surprise  that  this  alarming  accident  should  have  j>roduced  no  a'^tempt 
on  the  part  of  our  managers,  towards  reforming  the  mode  of  making 
up  the  numbers  for  the  wheels,  and  the  manner  of  drawing  those 
numbers /row  the  wheels. 

We  shall  be  able,  in  the  course  of  our  defence,  to  prove,  that, 
at  another  Lottery  drawn  in  this  city  a  year  or  two  since,  some  des- 
perate adventurer  attempted  to  bribe  the  boy  atthe  number-wheel 
to  give  him  a  number  out  of  the  wheel  secretly.  The  boy  happen- 
ed here  to  be  an  honest  lad ;  and,  as  in  duty  bound,  he  informed 
the  managers  of  this  attempt.  The  managers  thought  proper  to 
take  a  number  of  that  wheel,  to  give  it  to  that  boy,  and  instructed 
him  to  give  it  to  the  man  who  had  offered  to  bribe  him.  He  did  so. 
The  man  took  a  memorandum  of  the  number;  returned  the  number 
to  the  boy;  and  desired  him  to  call  the  Humber,  as  if  from  the 
wheel,  at  the  ensuing  day's  drawing.  The  man  went  immediately  to 
the  different  offices,  exactly  as  Mr.  Judah  did,  to  make  insurances  on 
this  number:  and,  no  doubt,  he  knew  it  would  be  called  at  the  en- 
suing day,  just  as  well  as  if  he  had  been  inspired  by  a  dream,  or  in- 
structed by  an  anonymous  letter.  In  this  case,  however,  the  inspi- 
ration was  communicated  as  well  to  insurers  as  to  the  man  ;  and  he 
was,  on  that  account,  able  to  effect  but  small  insurance.  On  the 
expected  day  the  man  was  called  out  from  the  crowd ;  and  he  and 
his  nefarious  scheme  publicly  exposed  by  the  managers.  But,  was 
he  indicted  by  those  managers  ?  No.  Was  he  in  any  legal  way  pun- 
ished ?  No.  Did  this  discovery  induce  the  managers  to  take  a  sin- 
gle step  for  preventing  a  repetition  of  such  attempts  ?  No.  Did  it 
produce  any  reformation  in  their  mode  of  drawing  ?  Not  any.  What 
became  of  the  number  taken  out  of  that  wheel?  did  they  put  it  back 
again  ?  No  ;  but  they  made  a  new  correspondent  number,  and  put 
that  in  the  wheel. 

in  another  Lottery,  one  of  the  managers,  after  the  drawing  of  a 
certain  day  was  completed^  retired  to  his  lodgings  ;  and  in  the  even- 
ing, on  opening  his  vest,  very  much  to  his  astonishment,  a  ticket 
loHe^  forth  fiom  his  bosorn-     This  happened  to  Mr.  Kentj  the  bre- 


27 

iher  of  our  Chancellor,  a  geatleman  against  whose  spoJless  integfity 
it  is  impossible  for  one  moment  to  entertain  the  sliirhtest  suspicion. 
But,  how  came  that  ticket  in  his  bosom  ?  Who  placed  it  there  ? 
Conjecture  ran  on  various  sabject? :  some  said  one  thing,  some  an- 
other;  but  it  was  finally  concluded,  that  some  person,  for  a  fraudu- 
lent purpose,  had  obtained  possession  of  that  number,  and  wishing 
it  to  be  called  on  that  day,  had,  intending  to  throw  it  into  the  lap 
of  the  manager  next  to  the  wheel,  missed  bis  aim,  and  thrown  it 
into  the  bosom  of  Mr.  Kent!  But,  lap  or  bosom,  no  matter  how 
it  was  done,  or  for  what  fraudulent  purpose,  alarming  as  it  was  that 
such  things  should  be,  it  passed  off  like  all  its  fellow-accidents,  only 
emboldening  villany  to  make  new  attempts ;  but  producing  no  at- 
tempts towards  a  reform  in  the  mode  of  conducting  our  Lottery 
wheels. 

We  shall  also  give,  in  evidence,  in  the  course  of  this  defence, 
that,  at  another  Lottery,  ten  tickets  were  said  to  have  been  missing 
out  of  the  number  wheel  during  the  whole  drawing,  until  the  last 
day.  Those  tickets  had  been  found  in  a  crack  of  the  floor ;  and 
what  is  more,  Gentlemen,  the}  were  found  by  Mr.  Sickles,  as  will  ap- 
pear from  his  own  oath  before  the  late  Grand  Jury.  And  what  is 
still  more,  it  will  appear  that  none  of  the  managers  ever  heard 
any  thing  about  the  strange  affair  until  it  came  from  that  oath  of 
Mr.  Sickles.  And  worse  and  worse,  Gentlemen,  it  will  app-ar, 
that  no  one  but  Mr  Sickles  himself  can  inform  us  how  those 
tickets  were  replaced  in  the  wheels.  And  is  it  to  be  believed,  that 
all  this  can  happen,  connected  with  the  dreams  of  Judah,  the  insu- 
rance, the  successful  hits,  the  soiled  tickets,  and  all  the  foul  play 
connected  with  them,  and  yet  Mr.  Baldwin  be  criminal  for  daring 
to  say  there  is  swindling  in  the  management  of  our  Lotteries  some- 
where ?  Ten  tickets  in  a  crack!  How  came  they  there?  How 
came  Mr.  Sickles  to  be  the  very  fortunate  finder  of  those  tickets  ? 
How  came  it,  that  a  circumstance  so  very  extraordinary,  and  so  im- 
portant, was  carefully  concealed  from  the  managers  of  our  Lottery  ? 
Be  assured.  Gentlemen,  that  it  is  no  common  accident,  which  takes 
ten  tickets  out  of  the  number-wheel  of  a  Lottery,  and  places  them 
in  a  crack  of  a  stage  floor,  under  a  carpet,  and  near  the  seat  which 
Air.  Sickles  occupies  at  the  drawing  of  the  Lottery.  If  he  is  faith- 
ful, how  could  such  things  happen  ?  If  he  is  honest,  why  conceal 
them  from  the  managers  ?  But,  Gentlemen,  when  you  shall  be  in- 
formed, as  our  evidence  will  show,  that  the  numbers  of  those  tickets 
were  known  to  Mr.  Judah,  and  others  out-doors;  that  prophecies, 
dreams,  and  inspirations  were  abroad  in  this  community  about  them  ; 
and  still  more,  when  you  shall  learn  that  those  very  numbers  could 
not  be  called  by  Sickles,  because  a  watch  was  very  unexpectedly 
placed  at  his  elbow,  and  a  ring  of  men  formed  around  him  to  pre- 
vent expected  frauds  concerning  those  very  numbers ;  you  will  do 
longer  be  at  a  loss  to  account  for  tickets  being  soiled,  as  if  worn  in 
the  pocket ;  and  the  whole  mystery  of  Mr.  Judah's  prophetic  dreami. 
and  splendid  successes,  is  wholly  unravelled,  and  satisfactorily  ex- 


28 

plained.  How  can  such  things  happen,  and  yet  Mr.  Sickles  and  Mr. 
Judab  be  the  honest  men  they  claim  to  be  ?  Mr.  Sickles  is  the  man 
to  guard  the  wheel ;  he  is  the  only  manager  who  takes  the  numbers 
as  they  come  from  the  wheel ;  he  makes  up  the  numbers,  and  puta 
them  in  the  wheel ;  he  has  made  up  the  wheels  for  all  our  lotteries 
for  ten  years  past ;  and  let  him  inform  us  satisfactorily  if  he  can. 
If  he  puts  all  the  numbers  in  the  wheels,  and  the  managers  lock 
them  up,  so  that  none  can  come  out  of  the  wheels  unfairly,  how  is  it 
that  they  do  get  out,  ten  at  a  time,  Gentlemen  ?  How  prophecies, 
dreams,  and  anonymous  letters  circulate  about  this  insulted,  this 
robbed  community,  foretelling,  with  all  the  accuracy  of  inspiration, 
the  very  hour  of  their  coming !  And  why,  suffer  me  so  ask  those 
managers,  who  have  certified  to  this  community  that  these  ticketa 
were  not  soiled ;  who  have  certified  that  there  was  710  fraud  ;  why  is  it 
that  Mr.  Baldwin  should  be  indicted  for  a  malicious  libel,  because  he 
honestly  and  bluntly  diff  red  from  them  in  opinion  about  facts  so 
condemning  as  thtse  we  have  before  us  ?  And  how  is  it  that  all 
these  wonderful  events  should  pass  under  the  watchful  adminis- 
tration of  faithful  managers,  "  like  summer  clouds  without  their 
special  wonder,"  and  not  produce  on  their  part  one  single  step  to- 
wards a  reformation  in  their  mode  of  conducting  the  lotteries  of  our 
state  ? 

It  is  a  fact  too  well  known  to  require  any  evidence  on  the  subject, 
that  the  carelesness  of  the  boy  and  of  the  sub-managers  at  the  wheel, 
has  long  existed  so  conspicuously  as  to  excite  the  surprise  as  well  as 
censure  of  every  body,  the  managers  excepted.  They  have  drop- 
ped numbers  on  the  floor  so  repeatedly  as  almost  to  induce  a  belief 
that  it  was  done  with  some  design.  They  have  tal'en  numbers  time 
after  time  from  the  floor,  and  put  them  again  into  the  wheel ;  and 
they  have  picked  up  numbers  from  the  floor,  and  I  venture  to  say, 
called  them  as  from  the  wheel ;  though  they  never  aycre  m  the  wheel. 
Mr.  Sickles  takes  numbers,  two,  three,  and  sometimes  literally  a 
handful  from  the  wheel,  and  places  them  helter-skelter  in  his  lap, 
covered  with  a  handkerchief,  the  tickets  open  ;  and  thus  he  calls 
thorn,  not  according  to  the  fair  chances  of  the  wheel,  but  according 
as  he  pleases  to  select  theai  from  his  lap !  Is  it  not  astonishing  to 
this  community,  that  all  this  monstrous  conduct  should  be  permitted 
to  pass  for  years  under  the  eyes  and  noses  of  our  managers  without 
producing  one  step  on  their  part  towards  a  reformation  in  their  mode 
of  drawing?  Nay,  Gentlemen,  we  will  prove  to  you  that  the  mode 
of  drawing,  instead  of  being  reformed,  has  been  of  late  years  altered, 
and  much  for  the  worse  ;  that  the  facilities  to  fraud  are  at  this  day 
much  greater  than  they  have  been  under  former  managers. 

In  the  late  class  of  Medical  Science,  Judah  insured  tickets  which 
we  will  prove  to  yoc  lie  knew  were  not  in  the  lottery-wheel.  And, 
again,  he  hired  agents  to  fleece  the  insurers,  by  obtaining  insurance 
on  tickets  which  he  knew,  by  the  conspiracy  between  him  and  Sic- 
kles, were  to  be  called  on  the  day  insured  against ;  by  which  corrupt 
and  fraudulent  means  he  made  hits  so  very  extraordinary  as  to  con- 


29 

vince  all  the  J^oWery  Officers  that  he  was  aided  by  jometlnng  more 
Ithan  the  mere  chances  of  the  wheels.  All  this  while  tSh:  Sickles 
and  he  were  very  intimate.  Mr.  Sickles,  the  sub-manager,  as  he 
is  called,  but,  in  truth,  Gentlemen,  he  is  the  sole  manager  in  ail 
things  ;  he  and  Judah  were  every  day  together,  morning  and  even- 
ing. Sickles  read  the  papers  at  his  office  daily  ;  tiiey  were  closet- 
ed together;  and  their  business,  no  doubt,  Gentlemen,  was  pecu- 
liarly interesting  to  them  both.  Why  were  they  together,  han4 
and  glove,  whispering  in  secrecy  ?  What  special  reason  would 
there  be  for  this  brotherly  connexion  between  this  benevolent  Jew, 
and  this  pious  Christian,  in  lottery  business?  \  ou  shall  soon  know, 
,  Gentlemen.  For  if  our  witnesses  have  not  been  bribed,  or  threat- 
ened out  of  the  reach  of  this  Court's  process  ;  if  they  this  day  shall 
dare  to  tell  the  truth  ;  (and  I  pray  that  the  God  of  truth  may  inspire 
them  with  courage  and  virtue  to  speak  truth  ;)  they  will  in  one  hour 
unfold  to  you  all,  a  train  of  interesting  facts  wliich  will  explain  all 
the  mysteries  of  Judah's  dreams,  aud  excite  the  surprise,  wonder, 
and  indignation  of  this  community. 

One  thing,  Gentlemeu,  1  am  sure,  we  shall  prove,  that  wherever 
Mr.  Sickles  has  been  scetJ  to  whisper  unusually  often,  there  for- 
tune has  dropped  her  favours  with  uncommon  profusion.  To  Mr. 
.ludah  she  has  thrown  her  gifts  to  an  extent  brilliant  beyond  exam- 
ple :  not,  indeed,  in  the  way  of  prizes,  but  in  the  way  of  frequent 
hits  against  his  brother  insurers,  pointed  out  by  dreams,  inspirations, 
and  aaonymous  letters.  Magic  has  been  at  work  for  him;  and  tu 
us,  poor  mortals,  who  could  not  see  his  wire  workers  behind  the 
curtain,  it  really  seemed  as  if  he  were  favoured  by  supernatural 
assistance. 

To  Mr.  Denniston,  who  could  not  well  play  at  insurance,  and  who 
was  also  seen  to  jyhisper  with  Mr.  Sickles,  kind  fortune  has  given 
the  Owego  prize  of  35,t)00  dollars,  unless  report  be  true  that  Mr. 
Sickles  owned  the  half  of  it. 

To  Mr.  Isaac  Ogden,  the  broker  in  Wall-street,  and  a  large  con- 
tractor for  Owego  tickets,  a  gentleman  with  whom  Mr.  Sickles  was 
all  at  once  on  a  whisperitig  footing,  fortune  became  suddenly  so  pro- 
fuse as  to  throw  into  his  lap  one  prize  of  70,0U0  dollars,  a  stationary 
prize.  Gentlemen  ;  several  other  stationary  prizes,  and  about  six 
hundred  thirty-dollar  prizes,  by  way  of  selling  off  his  tickets  to  ad- 
vantage. And  all  things  considered.  Gentlemen,  it  is  strange  that 
fortune  should  dispense  her  gifts  thus  splendidly,  not  through  the 
prize-wheel,  where  she  was  blind,  but  through  the  other  wheel, 
\vhere,  by  the  aid  of  Mr.  Sickles,  her  eyes  seemed  to  be  wide  open. 
Indeed,  it  was  only  stationary  prizes  which  Mr.  Sickles  could  catch 
— ^for,  skilled  as  he  is  in  the  game,  it  does  not  yet  appear  that  he 
has  learned  to  catch  a  floating  prize.  That's  a  game  beyond  the 
reach  even  of /its  art. 

When  ticket  No.  Ic'i468  made  its  ever-memorable  appearance  in 
this  Medical  Lottery,  Mr.  .lansen  (a  gentleman  who  will  hereafter 
testify  in  our  behalf")  saw  certain  peculiarities  attending  that  num- 
ber, which  he  thwught  indicated  indubitable  evidence  of  fraud.     To 


30 

explain  myself  to  your  comprehension  on  this  point,  I  must  hexe 
make  you  acquainted  with  tlie  mode  of  drawing,  and  the  manner  of 
keeping  what  the  clerks  call  slips,  or  accounts  of  numbers  as  they 
come  from  the  wheel. 

[Here  Mr.  Fay  gave  a  full  and  clear  account  of  the  slips,  the 
black  marks  made  on  thein  under  every  100  numbers  drawn  at  the 
drawings,  and  the  manner  of  drawing  100  at  a  time,  and  then  ."^top- 
ping  to  rest.     He  then  proceeded  as  follows  :] 

Mr.  Jarisen  remarked  tiiat  No.  15,463  came  out  nearly  the  first  in 
a  certain  hundred,  and  was  immediately  under  a  black  mark.  On 
turning  back  to  examine  l<o.  30,  which  had  been  run  for  insurance 
on  a  foiraer  day,  that  also  appeared  to  be  first  under  a  black  mark 
upon  the  slips.  And  agam  on  turning  back  to  No.  3,/bo,  another 
number  which  had  been  run  by  Mr.  Judah's  agents  on  a  former  day, 
that  likewise  was  found  to  be  the  first  under  a  black  mark  upon  the 
slips !  Mr.  Jansen  thought  such  uniformity  in  chances  at  least  ex- 
traordinary. He  knew  lull  well,  that  in  lotteries,  there  is  no  such 
thing  as  uniformity  and  it  might  well  excite  the  suspicion  of  a  gen- 
tleman of  his  knowledge  of  chances,  when  he  saw  three  numbers 
which  had  been  run  for  insurance  on  three  successive  days,  coming 
out  uniformly  on  their  respective  days,  and  stationed  uniformly  un- 
der a  black  nurk  !  This  circumstance  induced  Mr.  Jansen  to  relate 
his  suspicions  to  Mr.  Sharpe,  and  they  both  agreed,  that  if  the  tick- 
ets were  examined,  they  might  possibly,  to  use  their  own  expres- 
sion, "  smack  of  the  pocket."  Whether  they  do  "  smack  of  the  pocket," 
you,  Gentlemen,  will  be  able  to  judge,  when  you  shall  see  them, 
and  examine  them  for  yourselves.  We  shall  prove  to  you,  that 
those  three  numbers  were  insured  by  Mr.  Judah's  agents  on  the  5th, 
7th,  and  9th  days  of  drawing.  He  has  confessed  to  this  community 
that  the  coming  forth  of  one  of  them  was  foretold  to  him  by  an  anony- 
mous letter ;  and  our  testimony  shall  convince  you  that  he  toh.  Mr. 
Thorne  that  its  coming  was  foretold  by  a  dream  of  his  own.  He  said 
he  dreamed  that  he  was  in  the  City-Hall,  when  he  heard  the  No. 
15,468  called  ;  that  he  awoke,  and  then  fell  asleep,  and  dreamed  the 
same  thing  again.  Now,  Gentlemen,  we  have  no  objection  to  ad- 
mit that  a  dream  may  be  an  honest  dream  ;  but  when  it  is  connected 
with  such  suspicious  circumstances  as  those  which  attend  this,  where 
is  the  man  weak  enough  to  credit  this  dreaming  story  ?  A  man  may 
indeed  pre -dream  a  number,  which  by  an  extraordinary  coincidetsce 
may  come  from  the  wheels  as  pre-dreamed,  and  he  may  be  bene- 
volent enough,  like  Mr.  Judah's  "unknown  iriend,"  to  impart  his  in- 
spiration to  another,  without  any  hope  of  benefit  for  himself;  but  il 
the  agent  act  upon  it  like  Judah — if  he  tell  one  story  as  to  1'horne, 
and  another  as  was  told  to  the  insurers — if  when  the  ticket  is  drawn, 
it  come  not  from  the  wheel,  and  have  on  its  back  the  character  of  a 
ticket  worn  in  a  pocket,  rely  upon  it.  Gentlemen,  the  God  behind 
the  oracle  is  not  a  God,  but  some  cunning  and  deceitful  priest,  play- 
ing ofi"  his  tricks  to  cheat  credulity.  The  days  of  dreams  and  oracles 
ftave  gone  by  ;  and  we  shall  insist  upon  it,  in  behalf  of  Mr.  Baldwin* 


31 

that  the  statement  of  Judah  himself,  miscalled  his  denial,  and  by  us 
presented  to  you  in  evidence  as  his  Confkssion,  is  alone  a  full  justifi- 
cation for  the  utmost  extent  of  all  Mr.  Baldwin's  publications.  For  if 
it  be  true  that  Mr.  Judah  was  informed  that  15,4C8  would  make  ita 
appearance  on  the  9th  day — and  it  did  so — who  is  the  dreamer  that 
pre-dreamed  this  event  ?  Where  is  this  most  excellent  friend  of  Mr. 
Judah,  who  thought  proper  to  select  him  fr§m  this  whole  city,  as  the 
only  benevolent  man  who  was  worthy  of  this  momentous  secret  ? 
Why  does  he  permit  his  good  friend  to  suffer  in  the  vital  part  of  repu- 
tation, when  one  word  could  save  him  ?  Why  has  not  Mr.  Judah 
advertised  for  him?  And  why  has  this  mysterious  number  come 
through  the  hands  of  Mr.  Sickles  ?  Remember  it  was  called  by  Mr. 
Sickles,  and  we  shall  show  you  it  was  called  in  such  a  way  as  proves 
conclusively  a  combination  well  understood  between  him  and  Judah. 

But,  Gentlemen,  we  have  more  than  this  to  justify  Mr.  Baldwin's 
pubhcation  ;  and  now  I  will  proceed  to  inform  you  why  it  was,  that 
Mr.  Baldwin  has  published  the  charge  of  a  deep  laid  scene  of  vil- 
lany  to  swindle  this  community  :  and  when  you  shall  hear  it,  you 
will  say  it  was  his  duty  loudly  and  again  to  sound  the  alarm  to  this 
insulted  city. 

Notwithstanding  the  dream,  the  anonymous  letter,  the  soiled 
tickets,  the  confessions  of  Judah,  the  insurance,  the  cunning  direc- 
tion to  insure  in  such  a  way  that  no  insurance  should  come  back 
again  on  Judah  ;  notwithstanding  his  bullying  about  the  charges  of 
fraud,  and  then  his  admission  of  it  by  abandoning  his  policies ;  not- 
withstanding all  those  condemning  and,  I  say,  conclusive  evidences 
of  fraud,  there  are  some  men  among  us  so  charitable  as  to  believe 
Judah  and  Sickles  innocent,  injured  naen ;  the  lottery  free  from  all 
suspicions  of  fraud  ;  and  Mr.  Baldwin  a  guilty  wretch  for  publishing 
his  'barges.  Charity,  Gentlemen,  is  a  virtue  a  sweet  virtue  !  It 
fornis,  at  once,  the  basis  and  the  ornament  of  our  morals,  and  our 
I'eligion.  Priests  and  good  men,  orators  and  poets,  wherever  they 
find  it,  delight  to  behold,  to  praise,  and  adore  it,  But,  Gentlemen, 
it  is  the  right  kind  of  charity.  It  is  not  that  kind  of  charity  which 
takes  sides  against  the  honest  Mr.  Baldwin,  for  ytublishing  truths 
important  to  this  community  ;  and  acquits  Judah  after  his  guilty  con- 
fessions which  have  appeared  in  print.  That  kind  of  charity  which 
throws  its  mantle  over  frauds  and  crimes,  and  si)its  in  the  face  of 
an  upright  man  for  speaking  his  opinions  of  them,  which  brandishes 
its  weapon  to  protect  a  villain,  and  keeps  it  sheathed  in  the  cause 
«f  a  man  of  truth  ;  that  is  not  the  charity  which  is  acknowledged 
by  our  morals  or  our  rehgion. 

And  allow  me  to  add  gentlemcH,  the  hardened  criminal  who  hopes 
by  his  impudence  to  out-face  his  accusers — who  thinks  by  his  ill-gotleu 
wealth  and  his  powerful  friends — his  threats  and  his  "bribes,  to  walk 
about  among  us  unwhipped  of  justice  for  such  frauds  as  Mr.  Baldwio 
has  unfolded,  is  not  the  man  that  merits  our  charity.  And  new  gentle- 
men I  will  bring  home  thi^s  conspiracy  t«  the  very  feet  of  these  conspi- 
jratcns. 


32 

We  will  show  you  that  Mr.  Sickles  made  corrti|it  propositions  to  tw6 
flifierent  lottery  insurers  that  if  they  would  help  him  to  money  he  would 
phv  into  iheir  hands  ;  we  will  sliow  you  that  he  did  play  into  the  hands 
of  Judah  in-the  Medical  Science  Lottery  No.  4;  and  we  will  prove  thig 
from  iiis  own  puilty  confessions  made  to  two  different  men.  We  will 
show  you  that  he  kept  certain  low  numbers  out  of  the  wheel ;  that  he 
was  seen  about  this  City  #ilh  the  niunbers  in  his  pocket,  and  that  he 
confessed  he  hod  made  .Judah  tiie  master  of  his  secrets,  and  that  he  was 
sorry  for  it.  He  told  tliem  that  they  had  nothing  to  fear  as  to  certain 
low  numbers  for  they  were  not  iv  the  wheel ;  that  he  and  Judah  fore- 
told the  forth-comintr  of  those  numbers  forty-four  day's  before  they  made 
their  appearance — that  Judah  rea|)ed  the  full  harvest  of  his  knowledge; 
and  that  on  the  44th  day  the  ruirabers  marched  forth  out  of  the  wheel 
to  fulfil  the  dreams  of  Mr.  Judah  and  the  prophecies  of  Mr.  Sickles. 

And  now  gentlemen  I  have  to  assure  you  that  Mr.  Baldwin  has  pub- 
lished no  libel  !  He  has  published  nothiufr  false — certainly  nothing  ma- 
licious !  The  first  paracraph  which  appeared  in  his  paper  on  this  mo- 
mentous subject  was  merely  to  sound  the  alarm  to  this  City,  and  from 
the  watch-tower  of  his  press  he  thought  it  was  time  to  cry  "  Citizens 
look  out,  fnr  there  is  swindling  in  our  Lotteries  !"  To  his  other  publi- 
cations he  Ikis  been  reluctantly  compelled  by  the  weak  and  vain  at- 
tempts of  Judah  to  justify  his  guilt,  and  screen  himself  from  public  in- 
dignation. 

But,  gentlemen,  I  hope  no  apology  is  necessary  for  the  daring  the 
noble,  the  e.xalled  cour>e  which  Mr.  Baldwin  has  pursued.  No  sub- 
foct  is  so  generally  interesting  to  the  people  of  the  United  States,  as  the 
faiihful,u(iright,and  correct  management  of  our  lottery  wheels.  There 
is  bardl}  a  citizen  from  one  end  of  the  Union  to  the  other,  who  is  not 
at  limes,  an  adventurer  for  the  tempting  prizes  which  fortune  promises 
through  lottery  chances.  He  therefoie  who  sees  any  evidence  of  a 
fraud  about  a  lottery  wheel,  and  winks  at  it,  or  passes  it  ov^r  in  silence, 
no  matter  from  what  motive,  whether  of  hope  ot,  fear,  merits  public 
CBNSUKE.  And  by  the  same  inierring  rule,  the  good  man  who  encoin> 
ters  dangers,  and  grapples  with  the  fraud  to  hold  it  up  to  public  igno- 
miny merits  public  pp.aise. 

Indeed,  Mr.  Baldwin's  independent  course,  in  Roman  and  Grecian 
days  would  have  met  with  a  sure  reward  of  public  honors.  The  crimes 
wliich  he  has  exposed,  lay  heavy  on  our  whole  city.  The  evils  which 
he  has  already  remedied,  and  which  his  exposure  will  continue  to  re- 
medy to  the  remotest  time,  entitles  him  to  the  name  of  public  benefac- 
■;  DR..  Those  who  have  heretofore  held  tickets  in  our  lotteries,  have  for 
sears  past  had  no  fair  chance  for  the  high  slutionary  prizes  for  whidi 
iliey  hove  adventured.  Our  citizens  have  been  swindled  to  an  extent 
b-'yond  all  calculation.  Hereafter,  thanks,  to  Mr.  Baldwin,  wc 
shall  have  our  chances  in  common  with  other  men,  dreamers  or  not 
dreamers;  and  let  me  therefore  hope  that  you  will  not  merely  acquit 
Mr.  IVildwin,  but  that  yon  will  acquit  him  with  all  the  honors  that  can 
br  imparted  in  a  court  of  justice.  And  may  all  who  this  day  hear  his 
defence — aud  all  men  who  may  hereafter  understand  it,  acknowledge 
him  as  the  champion  ofthe  people's  rights — and  let  hira  be  known  as 


33 

tbe  daring  reformer  of  tliose  lottery  frauds  which  have  for  years  festered 
in  our  country.  He  merits  not  an  indictment — but  praises — not  punish- 
ment— but  a  laurel — and  every  honest  man  in  our  city — every  honest 
man  in    this  state  oujrht  to  give  him  thanks. 

The  defendant's  counsel  then  ordered  sweral  witriesses  to 
be  called  on  the  j)art  of  the  defendant.  Among  others,  Conrad 
Brooks,  Jackson  Haines,  James  A.  Burtas,  and  Abraham  P. 
Brower,  were  called  and  did  not  ajipear.  And  it  having  beeu 
suggested  that  these  witnesses  had  resolved  to  absent  themselves 
from  the  trial,  notwithstanding  the  process  of  (he  court  had  been 
duly  served  upon  them,  Mr.  Fay  moved  his  honor  the  Mayor 
for  an  order  rn  the  cause,  to  send  an  officer  for  them,  to  compel 
their  attendance.  The  court  declined  making  such  order,  and 
said  they  had  no  power  to  proceed  in  that  way;  but -were  will- 
ing to  exert  such  powers  as  they  possessed  to  bring  the  wit- 
nesses up,  and  proposed  to  send  an  officer  in  the  first  instance  to 
notify  them  that  they  must  attend.  Mr.  Hoffinan  observed  that 
he  had  known  a  compulsory  order  granted  in  like  circumstances, 
in  a  criminal  prosecution.  Mr.  Fay  said,  there  were  very  im- 
piortant  witnesses  who  would  never  testify  in  this  cause,  if  they 
could  avoid  it.  He  therefore  desired  a  compulsory  order.  The 
court  again  expressed  a  disposition  to  exercise  the  utmost  au- 
thority which  really  belonged  to  them  in  the  case  ;  and  said  the 
^nly  question  was,  whether  they  had  the  right  to  make  such 
order  as  was  desired.  They  stated  the  practice  in  trials  for 
misdemeanor  like  this,  to  be,  not  to  attach  the  defaulter  in  the 
first  instance,  but  to  cite  him  to  show  cause  why  an  attachment 
should  not  issue  a  jainst  him.  The  witnesses  were  not  yet  to  be 
deemed  criminal. 

At  length,  upon  the  suggestion  of  his  honor  the  Mayor,  an 
affidavit  was  made  and  filed,  proving  the  service  of  the  subpoenas ; 
and  thereupon,  an  order  was  entered  against  (he  absent  witnesses 
above  named,  requiring  ihem,  forthwith,  to  apjjear,  or  show 
cause  why  they  should  not  be  attached  ;  and  an  officer  was  sent 
to  serve  a  copy  of  the  order. 

Thotnas  W.  Thorne  was  then  sworn  as  a  witness  for  the  de- 
fendant, and  examined  by  Mr.  Hoffman. 
Q.   Where  do  you  live  ? 
A.  At  (he  corner  of  Hudson  and  Reed-slreet*!. 
Q.   Did  Mr.  Judah  ever  call  on  you  in  relation  to  the  insur- 
ance of  one  ot  more  tickets,  in  the  present  class  of  the  Medical 
Science  Lottery  ? 

A.  Yes,  on  the  11th  of  Septemlicr  last. 
Q.   At  what  lime  of  day  ? 

A.  Very  early— I  was  in  bed — Mi\  Moses  called  me  up  t* 
see  hijB. 


34 

Q.  WfaatdidMr.  Judahsay  toyou  ? 

A.  He  bade  me  eood  morning,  and  requested  me  to  go  and 
get  a  number  insured  for  him.     I  asked  him  what  number.  He 
said  he  had  had  a  dream. 
Q.  And  what  was  that  ? 

A.  Why,  he  had  dreamed  that  he  was  in  the  City  Hall,  and 
heard  a  number  called,  and  he  immediately  clapped  his  fin- 
ger on  the  lotterv  bonk. 

Q.   What  number?     A.    154G8. 

Q.     He  dreamed  he  heard  it  called,  and  put  his  finger  on  it  ? 
A.     Yes.     And  being  waked  by  the  circumstance,  he  said  he 
afterwards  fell  asleep  a  second  tmic  and  dreamed  the  same  thing 
again. 

Q.  An  1  did  you  agree  to  get  insurance  for  him  on  that  num- 
ber ? 

A.     Yes.     Mr.  Judah  made  out  a  list  of  the  offices  where  I 
was  to  insure,  and  the  several  amounts. 
Q.     How  much  in  all  ? 

A.  ^2600-  He  paid  me  the  premium  money,  and  I  got  the 
insurances  eifccted  according  to  his  directions,  excepting  as  to 
one  office. 

Q.     Were  you  interested  with  him  ? 

A.  He  told  me  I  might  have  part  with  him,  as  much  as  1 
pleased,  by  paying  my  proportion  of  the  premium.  1  agreed  t« 
take  $250  out  of  the  $2600.  He  gave  me  $1 10  to  pay  the  pre- 
miums. 

Q.      Did  he  say  he  bad  himself  had  the  dream  ? 
A.     He  did.     He  spoke  of  no  other  dream   but  his  own,  t» 
my  knowledge. 

Q.     Why  did  he  tell  you  to  apply  at  particular  offices  ? 
A.     So  that  they  might  not  come  back  on  him.     That  is  what 
he  said. 

Q.     You  took  $250. 

A.  Yes.  But  1  afterwards  let  Mr.  Moses  have  one  half  of 
this,  on  paying  his  part  of  the  premium.  After  I  had  cfFortod 
the  policies,  Mr.  Moses  wished  to  have  move  insured  on  th''  '-;:me 
number.  We  agreed  that  Judah  was  a  lucky  man.  I  off  red 
to  get  insurance  on  some  of  the  numbers  above  or  below  15468, 
but  thought  there  was  enough  on  that  already.  Moses  said  he 
would'nt  give  a  fig  for  any  other  number  in  the  book. 
Q.  He  said  he  would'nt  give  a  fig  for  any  other  ? 
A.  Yes.  For  he  said  Judah  dreamed  of  a  number  in  (he  last 
lottery,  and  it  came  out;  and  I  afterwards  took  $100  >r.ore 
jointly  with  him  on  the  same  number,  and  some  small  ai-aounts 
had  been  previously  taken  on  my  own  separate  account ,  so  that 
my  entii'c  interest  in  the  number  was$260. 


35 

Q.  Did  the  ticket  come  out?     A.  Yes. 

Q.   And  what  did  you  think  of  Judal;'s  dream  then  ? 

A.  I  wondered  how  a  man  could  dream  as  he  did.  "When  I 
was  lold  it  was  out,  1  said, '"  My  God,  how  is  it  possible  a  man 
can  go  to  bed  and  dream  himself  into  a  small  fortune  before 
morning." 

Q.  Did  you  see  Moses  again  after  the  d-iawing   that  day  ? 

A.  Yes.     Me  came  in  afterwards. 

Q.  And  what  did  you  say  to  him  ? 

A.  I  said,  well  Mr.  Moses,  we  have  hit  'em.  He  answered 
coolly,  yes — and  nothing  more  was  said.  In  a  short  lime  Mr. 
Judah  came  in. 

Q.  You  had  heard  of  the  suspicions  about  the  fairness  of  the 
drawing  before  this  ? 

A.  Yes. 

Q.  Well,  what  passed  with  Mr.  Judah? 

A.  lie  took  hold  of  my  hand  and  shook  it  heartily  and  said, 
well,  we've  hit  'em.  There  were  then  several  persons  present. 
I  told  him,  that  might  be  a  very  friendly  shake,  but  that  I  didn't 
take  it  so.  Mr.  J.  requested  an  explanation,  and  took  hic  one 
side.  We  went  out  of  doors.  I  informed  him  that  the  insurers 
suspected  that  all  was  not  fair.  He  said  he  would  blow  out  the 
brains  of  any  man  who  should  dare  to  say  any  thing  against  his 
innocence,  or  something  to  that  effect.  He  said  the  insurers 
objected  on  account  of  their  having  to  pay  their  hits  ;  but  that 
he'd  make  the  rascals  pay. 

Q.  Did  you  attend  the  meeting  of  the  insurers  the  next  morn- 
ing ? 

A.  I  did.  They  all  came  to  the  Hall  and  examined  the  ticket. 

Q.  And  what  was  the  result  ? 

A.  Every  man  agreed  that  the  ticket  was  soiled. 

Q.   Who  was  present  at  that  examination  ? 

A.  There  were  ten  or  eleven  present. 

Q.  All  insurers? 

A.  Two  or  three  of  them,  I  believe,  were  not, 

Q.  From  your  own  examination,  was  it  soiled  or  not  ? 

A.  1  think  it  was — a  space  about  three  quarters  of  an  inch 
broad  across  the  ticket — and  a  yellow  spot  on  the  corner. 

Q.   What  was  the  number  you  examined  ? 

A.   15468.     All  agreed  it  was  soiled. 

Q.  Did  you  examine  any  others. 

A.  Yes,  number  30  and  a  number  in  three  thousand  which  f 
dont  exactly  recollect.     They  both  appeared  to  be  soiled. 

Q.  Did  Judah  afterwards  call  on  you  ? 

A.  Yes  ;  he  had  called  before  I  got  home,  and  he  came  again, 
afterwards. 


Q.  What  day  was  this  ? 

A.  Tne  12th  of  September.  I  then  told  him  his  hits  would 
not  be  paid.  He  said  they  should,  and  demanded  the  policies, 
which  I  informed  him  I  had  promised  to  keep  in  my  possession 
till  the  nc  xt  day.     Mr.  Moses  was  present, 

Q.   When  did  you  see  the  insurers  again  ? 

A.  On  Moiday  the  14th. 

Q.  Was  Judah  there  ? 

A.  He  was,  and  then  produced  an  anonvmous  letter  which  he 
read  as  being  the  reason  of  his  having  gotten  that  particular  num- 
ber insured. 

Q.  By  the  Court.     Where  was  this  meeting  ? 

A.  At  Mr  Smith's  in  Greenwich-street. 

Q.  And  what  passed  ? 

A.  Mr.  Judah  produced  the  anonymous  letter ;  and  I  then 
said  to  him  that  he  had  told  me  that  he  had  dreamed  it,  to  which 
he  made  no  reply. 

Q.   By  Mr.  Hoffman,  Did  you  ever  hear  of  that  letter  before. 

A.  Never  ;   !  never  heard  of  any  thing  but  the  dreams,  before. 

Q.  Were  the  policies  given  up  at  that  meeting.'' 

A.  Yes.  Mr.  Judah  agreed  to  give  them  up  and  receive 
back  his  premiums,  which  was  done  in  the  room. 

Q.  Did  the  insurers  notwithstanding  pay  you  your  share  in 
the  policies  ? 

A.  They  did.  1  had  never  dreamed  norreceived  anonymous 
letters  on  the  subject ;  they  paid  me  because  they  believed  me 
innocent. 

Q.  Did  Moses  receive  any  money  for  his  part  in  the  transac- 
tion ? 

A.  Mr.  Judah  gave  him  a  glOO  bill,  which  he  accepted  with 
thaiiks. 

Q.  Did  you  ever  before  know  Mr.  Judah  to  go  abroad  to 
other  oilices  to  get  insurance  ? 

A.   I  never  did. 

Cross-eccamincd  by  the  Dislriot  Allorney. 

Q.  Who  was  Drcscnt  at  the  examination  of  t^ie  ticket  in  the 
hall  ?  ' 

A.  Mr.  Abrabam  P.  Brower,  James  A.  Burtus,  John  Smith, 
Mr.  Gilchrist,  the  mangers'  clerk,  Samuel  Healy,  Mr.  Samuel 
N.  Sharpe,  and  others. 

Q.  Were  any  of  the  managers  there  ? 

A.  No.  •       ' 

Q.  Did  all  these  people  look  at  the  ticket  'i 

A.  Yes. 

Q.  How  long  were  they  there  ? 

A.  From  half  to  throe  quarters  of  an  hour. 


37 

Q.  Were  they  all  unanimous  ? 

A.  They  all  agreed,  as  I  think,  to  a  man. 

Q.  Did  you  examine  any  other  numbers  ? 

A.  three  or  four  above  and  below,  to  show  the  dilTerenc( . 
.     Q.  What  o'clock  was  it  ? 

A.  About  twelve,  or  from  that  to  two. 

Q.  Was  Moses  present  ? 

A.  No. 

Q.  Are  you  not  in  some  connexion  with  Moses  in  the  business 
of  lottery  insurances  ? 

A.  None  whatever,  except  that  I  let  him  have  part  of  my 
house  on  condition  that  if  he  do  any  business  I  am  to  have  half 
of  the  profits. 

Q.  Did  not  the  insurers  pay  you  ten  per  cent  to  get  rid  of 
the  hits  ?    - 

A.  No,  nothing  of  the  kind. 

Q.  Did  you  give  Moses  any  part  of  what  you  received  ? 

A.  I  gave  him  back  his  premium,  and  nothing  more.  I  acted 
for  Judah  and  Moses  as  their  agent. 

Q.  Have  you  ever  dreamed  on  your  own  account  ? 

A.  Yes. 

Q.  By  the  Courl,  And  made  insurance  upon  the  faith  of  it  ? 

A.  Yes,  I  have  even  done  that  too. 

Q.  By  the  District  Attorney,  What  was  Mr.  Judah's  reason 
for  giving  up  the  the  policies  ? 

A.  I  do  not  recollect  particularly.  Me  said  at  the  time  he  did 
not  wish  to  have  any  noise  about  it,  that  he  had  always  done 
what  he  could  for  the  lottery  business,  that  he  had  often  endea- 
voured to  get  on  the  grand  jury  for  the  purpose  of  befriending 
the  insurers,  and  that  he  might  prevent  complaints,  or  words  to 
that  effect. 

Q.  Are  you  certain  he  said  he  had  himself  dreamed  ? 

A.  I  could  not  be  mistaken.  He  told  me  he  had  dreamed,  and 
at  the  same  time  put  his  finger  on  the  number. 

Q.  By  the  Court,  Did  not  he  say  also  that  he  awoke,  and  then 
slept  and  dreamed  again  ? 

A.   He  did.  I  cannot  be  mistaken. 

Q.  By  the  District  Attorney.  Did  you  ever  know  a  prize 
drawn  in  consequence  of  a  dream  ? 

A.  I  can't  say  that  I  have. 

Q.  By  Mr.  Hnjfman.  Had  you  ever  before  been  employed 
by  Mr.  Judah  to  get  insurance? 

A.  Never. 

Robert  Gilchrist,  sworn.     Examined  by  Mr.  Hoffman. 

Q.  What  office  do  you  hold  under  the  managers  ? 
A.  I  have  been  their  clerk  for  about  five  years. 


38 

Q.  Do  you  know  of  a  little  boy's  having  at  any  lime  been  de- 
lected in  concealing  a  number  ? 

A.  No,  It  was  before  I  was  a  clerk. 

Q.  Were  you  clerk  in  the  first  of  the  Medical  Science  Lotte- 
ries ? 

A.  Yes. 

Q.  Were  the  managers  the  same  then  ? 

A.  They  were. 

Q.  Do  you  know  of  the  number  1 7  having  been  omitted  to  be 
called  in  any  of  these  lotteries  ? 

A.  No  ;  I  was  not  then  present. 

Q.  VVho  drew  the  stationary  prize  of  ^35,000  in  the  Owego 
Lottery  out  of  the  wheel  ? 

A.  Mr.  Sickles. 

Q.  Was  not  a  little  boy  then  in  the  habit  of  drawing  the  nuoK 
bers  ? 

A.  Yes  ;  but  he  was  not  then  permitted  to  draw  the  stationa- 
ry ])rizes. 

Q.  Who  drew  the  stationary  prizes  after  the  boy  was  pro- 
hibited ? 

A.  One  of  the  managers.     Mr.  Sickles  has  also  done  it. 

Q.  have  the  managers  permitted  him  to  put  his  hand  into  th€ 
wheel  to  draw  out  the  stationary  prizes  ? 

A.  Yes.     (Mr.  Jay.)  Undoubtedly. 

Q.  By  Mr.  Hoffman.  Have  you  ever  seen  more  than  one 
ticket  in  Mr.  Sickles'  lap  at  a  time  ? 

A.  Yes. 

Q.  How  many  ? 

A.  Several. 

Q.  As  many  as  three  or  four  ? 

A.  Perhaps  more  than  four.  Mr.  Sickles  may  have  taken  out 
four  or  five  at  a  time,  that  he  need  not  put  his  hand  out  for  every 
ticket. 

Q.  By  the  Court.  What  did  Mr.  Sickles  do  with  the  tickets  ? 

A.  He  generally  handed  them  to  the  other  managers. 

Q.  By  Mr.  Hoffman.  Have  you  seen  the  boy  put  one,  two  or 
three,  in  Mr.  Sickles'  lap  at  a  time,  or  before  any  of  them  were 
called? 

A.  Yes. 

Q.  Had  not  he  then  the  option  to  call  one  or  another  ot 
these  first  as  he  chose  ? 

A.  1  shoul  1  judge  he  had. 

Q.  V>y  \hc  Cow-t.  Had  he  the  opportunity  of  calling  them  as 
he  pleased  ? 

A.  He  might,  though  he  generally  called  them  in  the  order 
:ii  which  ther  were  laid  down? 


39 

Q.  By.  Mr.  Hoffman.  Had  he  a  handkerchief  in  his  lap? 

A.  Generally  ? 

Q.  Who  acted  at  the  wheel  on  the  9th  day's  drawing  of  the 
present  lottery  ? 

A.  Mr.  Sickles. 

Q.  By  the  Court.  Did  he  draw  at  the  wheel  all  the  day  ? 

A.  No  sir,  I  think  the  boy  was  there ;  Mr.  Sickles  received 
them  from  the  boy. 

Q.  By  Mr.  Hoffman.  As  to  the  mode  of  drawing  in  the  lotte- 
ry, how  is  it  done  ? 

A.  The  practice  is  to  draw  100  numbers,  and  then  to  make  a 
rest. 

Q.  You  keep  the  managers'  book  ?     A.  Yes. 

Q.   Do  not  the  lottery  insurers  also  keep  books  ? 

A.  They  have  what  are  called  slips  or  check  books. 

Q.  Was  the  number  15,4G8  at  the  beginning  of  the  third  or 
fourth  hundred  ? 

A.  I  believe  it  was  about  the  third  or  fourth  of  the  third  hun* 
dred. 

Q.  Was  that  number  insured  ? 

A.  I  have  heard  it  was  ;  and  know  only  from  report. 

Q.  Were  you  present  at  the  examination  on  the  1 2th  ? 

A.  Yes  ;  I  was  at  both  the  examinations  which  took  place 
in  the  Hall. 

Q.  Did  you  exhibit  the  number  15,468  for  the  persons  who 
were  to  examine  ? 

A.  Yes. 

Q.  Had  it  the  appearance  of  being  soiled  ? 

A.  I  thought  it  had. 

Q.  When  were  these  examinations  had  ? 

A.  They  were,  I  believe,  on  the  evening  of  the  11  th  and  the 
morning  of  the  12th  of  September. 

Q.  At  what  time  of  day  was  the  first  ? 

A.  Near  5  o'clock  in  the  afternoon  after  the  drawing  had 
closed  for  the  day. 

Q.  Was  Mr.  Thorne  there  ? 

A.  He  was  not.  Two  gentlemen,  Mr.  Sharpe  and  Mr.  Cry- 
gier,  came  in,  and  asked  if  I  could  show  them  the  number  on 
the  flic.  They  took  the  file,  but  said  they  could  not  find  the 
number.  I  then  found  it  and  showed  it  to  them.  They  exam- 
ined it. 

Q,  And  it  was  soiled  ? 

A.  It  appeared  to  be  ;  it  was  different  from  the  other  tickets 
on  the  file. 

Q.  And  what  took  place  next  day  ? 

A,  The  next  day  Mr.  Thorne  and  all  the  other  gentlemen  he 


40 

has  named  were  present.     They  were   very  unanimous  m  Uie 
opinion  that  it  was  soiled. 

Q.  And  you  thouj^ht  so  ? 

A.  I  have  always  been  of  that  opinion. 

Q.  Did  they  examine  any  other  numbers  1 

A.  Yes  ;  they  examined  3865. 

Q.  Was  that  number  soiled  ? 

A.  \  thought  so,  and  that  was  the  opinion  of  the  gentlemen 
who  were  present. 

Q.  When  was  this  ticket  drawn  ? 

A,  I  do  not  recollect ;  but  it  was  either  the  5th  or  7th  day,  I 
believe. 

Q.  Was  this  number  insured  on  ? 

A*  I  do  not  know,  I  have  heard  so. 

Q.  By  the  Court.  It  may  be  important  to  ascertain  when  it 
was  drawn  ? 

A.  I  can  ascertain  it  by  turning  to  the  book,  (witness  exam- 
ines the  book)  it  came  out  the  5th  day  in  the  4th  hundred. 

Q,  By  Mr.  Hoffman.  Was  any  other  number  examined'? 

A.  Yes,  number  30. 

Q.  Was  that  also  soiled  ? 

A.  It  appeared  to  be,  but  not  so  much  as  the  others. 

Q.  In  what  part  of  the  hundred  was  this? 

A.  It  came  out  the  12lh  number  of  the  2d  hundred  on  the 
7ih  day.  Number  3865  was  the  lOth  number  of  the  4th  hun- 
dred. 

Q.  Was  number  30  insured  ? 

A.  I  know  only  from  report. 

Q.  What  is  usually  done  with  the  wheels  in  the  intervals  of 
the  drawing? 

•  A.  After  a  day's  drawing  is  over,  they  have  usually  locked 
up  the  wheels  and  the  files.  The  books  and  the  key  have  been 
commonly  left  with  Mr.  Sickles ;  that  is,  until  the  10th  or  11th 
of  September. 

Q.  By  the  Court.  Was  this  by  order  of  the  managers  ? 

A.  Yes. 

Q.  By  Mr.  Hoffman^  Could  Mr.  Sickles  have  access  to  the 
tickets  when  the  managers  were  not  there  ? 

A.  Mr.  Sickles  kept  the  key  of  the  closet  where  the  wheels 
wore  ]iut,  and  Mv.  Skates  had  the  key  to  the  outer  door. 

Q.  Did  you  ever  know  of  a  nup.»ber  of  tickets  beii)g  found  nn- 
der  the  stage  in  the  4th  Class  of  the  Medical  Science  Lottery  ? 

A.  I  saw  the  tickets  in  the  hands  of  the  managers  and  under- 
stood they  had  been  found  under  the  stage.  It  was  in  the  Union 
Uotel,  William-street,  where  there  was  a  stage  erected  forth'* 
ourpose  of  the  t-lKiwing. 


41 

Q.  How  many  tickets  were  there  ? 
A.  There  were  four. 

Q.  By  the  Court.  How  did  you  learn  they  were  found  as  yoc 
mention  ? 

A.  The  managers  said  so. 
Q.  You  heard  them?    A.  Yes. 
Q.  By  Mr.  Hoffman.   What  became  of  the  tickets  ? 
A.  I  think  they  were  kept  till  the  last  day's  drawinp;,  to  a;^- 
certain  whether  they  belonged  to  the  wheel ;  and  the  last  day 
ihey  were  found  wanting  to  the  wheel,  and  were  put  in. 
Q.     What  numbers  were  they  ? 
A.  I  think  they  were  in  the  14,000. 

Q.  Did  the  managers  caution  you  not  to  say  any  thing  about 
it? 
A.  No. 

Q.  Do  you  know  of  Mr.  Sickles  ever  having  found  any  tick- 
ets ? 
A.  I  have  heard  so,  but  do  not  know. 

Q.  By  the  Court.  Did  you  see  the  soiled  tickets  after  the  ex- 
amination ? 

A.  I  saw  one  of  them  sometime  afterwards. 
Q.  Did  it  appear  soiled  then  in  the  same  manner  as  at  first  ? 
A.  No  material  alteration. 

[The  files  were  tiien  produced  in  Court,  on  which  were  the  soil- 
ed  numbers,  and  the  court  and  jury  examined  those  numbers.] 

Q.  By  the  Conrt.  This  ticket,  15468,  appears  to  have  been 
folded — would  putting  it  into  the  wheel  and  drawing  it  out  occa- 
sion this  ? 

.4.  I  should  think  not. 

Q.  There  arc  two  foldings  in  it,  distinctly  two — How  do  you 
actount  for  that  ? 

A.  I  cannot  account  for  it. 

Q.  By  Mr.  Hoffman.  To  whom  did  the  stationary  priie  of 
}j|3.5,000,  in  the  Owego  Lottery,  belong  ? 

A.  I  have  understood  it  was  drawn  to  Mr.  Dcnniston. 
Q.  Have  you  heard  Mr.  Denniston   say  any  thing  on  that 
-ubjcct  ? 
A.  1  have  heard  him  say  he  was  the  owner  of  only  half. 
Q.  Who,  did  he  say,  owned  the  other  ? 
A.  He  refused  to  mention. 

Q.  Did  not  he  say  Mr.  Sickles  was  interested  in  it  ? 
A.  No.     He  said  Mr.  Sickles  had  no  part  in  it. 
Q.  Do  you  know  of  his  havin^^  lent  Mr.  Sickles  part  of  the 
money  ? 

^.  I  heard  him  say  he  had  lent  Mr.  Sickles  some  money  after 
he  returneii  from  Albanv  ;  1  do  not  know  hoW  much. 
6 


42 

Q.  Who  paid  that  prize  ? 

A.  I  have  reason  to  believe  it  was  paid  at  Aliens'  for  I  have 
seen  the  ticket  in  Mr.  Allen's  possession.  But  Mr.  Dennision 
told  me  that  he  got  his  money  from  Mr.  Ogden. 

Q.  Do  you  know  that  Mr.  Allen's  check  was  out  for  $10,000 
Tjpon  that  ticket  ? 

A.  I  do  not  know  the  fact. 

Q.  You  arc  still  clerk  to  the  managers,  Mr.  Gilchrist  ? 
A.  Yes. 

Q.  Have  they  not,  since  Mr.  Baldwin's  publications,  alter- 
ed the  mode  of  drawing  ? 

A.  They  have  in  some  measure.  The  boy  formerly  had  his 
sleeve  fastened  round  the  wrist  ;  now  the  arm  is  prepared  by 
stripping  it  up  to  the  elbow. 

Q.  Have  they  since  endeavored  to  prevent  the  drawing  of 
several  numbers  at  a  time  ? 

A,  They  have  always  tried  to  prevent  tliat. 
Q.  Has  it  happened  since  the  alteration  ? 
Jl.  I  believe  not. 

Cross  examined  by  Mr. /ay.  Q.  How  did  the  managers  se- 
cure the  wheel  ? 

A.     They  put  a  paper  over  the   key-hole,  on  which  one  or 
more  seals  were  placed. 
Q.  Who  kept  the  seal  ? 

A.  The  managers  kept  the  seal,  and  also  the  key  of  the  vvhec! 
which  they  kept  locked. 
Q,  Was  Mr.  Denniston  a  manager  of  the  Owego  Lottery  ? 
A.  No. 

Q.  When  did  the  practice  of  the  stationary  prizes  being  drawn 
by  the  managers  or  by  Mr.  Sickles,  commence  ? 

A.  With  Medical  Science  Lottery  No.  4,   which  was  before 
the  Owego  Lottery. 
(cl.  Who  were  the  managers  that  made  this  alteration  ? 
A.  Mr.  M'Lean  and  Gen.  Johnson. 
Q.  How  are  these  tickets  printed  ? 
A.  I  don't  knov/. 

Q.  Have  they  been  printed  a  long  time  ? 
A-  I  belive  so. 

Q,  Was  Mr.  Denniston  present  when  the  Owego  prize  was 
drav/n  ? 

A.  I  believe  not. 

Q.  Is  Mr.  Judah  present  generally  at  the  drawing  of  the  pre- 
sent lottery? 

A.  I  have  seen  him  there  often. 

Q.  There  is  some  manager  always  present? 

A.  Yes. 


43 

Q.  Mr.  Sickles  is  their  substitute  ? 
A.  Yes. 

Q.  What  is  the  mode  of  drawing  and  proclaiming  the  tickets  / 
^.  The  number  is  first  called  at  the  n'iuibei-  wheel,   and  then 
the  ticket  is  drawn  out  of  the  other  wheel  as  nearly  at  the  same 
time  as  possible. 

Q.  The  number  is  first  called  ? 
J.  Yes. 

Q.  By  Mr.  Wright,  (Juror)    Is  one  of  the  managers  alwajs 
present  ? 

A.   I  believe  always,  at  least  one. 

Q.  By  the  Court.  Could  Mr.  Sickles,  at  the  number  wheel, 
without  any  understanding  with  the  manager  or  person  at  the 
other  wheel,  control  the  drawing  of  the  prize  ? 
A.  I  should  think  n<nt,  without  combination. 
Q.  By  Mr.  Hoffman.  Who  prepared  the  tickets  for  the  wheel  / 
A.  Mr.  Sickles. 

Q.  And  he  assists   the  managers  in  putting  them  into  the 
wheel  ? 
A.  Yes. 

Q.  Would  it  be  possible  for  Mr.  Sickles  to  keep  tickets  out 
of  the  wheel,  if  he  were  so  disposed  ? 
A.  I  should  think  it  possible. 

Q.  Have  you  ever  seen  a  manager  asleep  when  the  drawing 
was  going  on  .^ 
A.  Not  exactly  asleep. 
Q.  Dozing  ? 
A.  Yes. 

Q.  By  Mr.  Jay.  When  the  new  arrangement  ^'as  made  re 
specting  the  boy's  sleeve,  was  this  done  without  Mr.  Denniston's 
knowledge  ? 

.^.  Yes.  He  came  from  Albany  and  knew  nothing  about  it, 
and  was  preparing  the  boy's  arm  as  usual,  when  Mr.  M'Lean 
stopped  him. 

Q.  Is  it  possible  to  prevent  fraud,  if  the  persons  employed 
at  the  wheels  be  pretty  dexterous,  as  well  as  fraudulently  dis- 
posed ? 
.4.  I  should  think  not. 

Q.  The  managers  trust  Mr.  Sickles  to  count  for  the  wheels  ? 
A.  Yes. 

Q.  And  they  don't  count  after  him  ? 
A.  No. 

Q.  By  Mr.  Hoffmaru  Did  you  ever  know  tickets  counted  by 
Mr.  Sickles,  to  be  recounted  after  him  .'' 

A.  I  don't  know  that  I  have.  They  count  what  they  put  m 
themselves,  and  he  counts  what  he  puts  in. 


44 

Q.  By  the  District  Attorney.  Don't  they  all  count  ? 

A.  Every  one  counted  when  I  was  present. 

Q.  By  Mr.  Hoffman.  Who  prepared  the  tickets  for  the  Owe- 
go  Lottery  ? 

A.  Mr.  Sickles. 

Q.  Has  not  Mr.  Sickles  been  more  frequently  at  the  wheel 
than  any  of  the  managers  ? 

A.  I  believe  he  has,  at  the  number  wheel. 

Q.  Who  drew  from  the  wheel  the  number  of  the  principal 
prize  in  the  Owego  Lottery  ? 

A.  Mr.  Stuart.     He  drew  the  number  from  the  number  wheel 

Q.  He  was  a  manager  ? 

A.  Yes.     But  it  was  not  for  himself. 

Q.  By  the  Court.  After  the  tickets  were  prepared,  did  the 
managers  take  any  steps  to  detect  mistakes,  if  any,  in  the 
counting? 

A.  They  couldn't  judge  of  the  bundles  counted  by  Mr.  Sick- 
les.    The  tickets  were  prepared  in  bundles  of  a  thousand. 

Q.  By  the  District  Attorney.  Was  Mr.  Sickles'  hand  open 
when  he  drew  the  stationary  prize  for  himself  ? 

A.\  do  not  know. 

Q.  By  Mr.  Hoffman.  Do  you  remember  any  thing  about  a 
certain  number  five  '/ 

A.  Nothing  particular,  except  that  I  conversed  with  Mr.  Jan- 
sen  about  a  low  number,  but  do  not  recollect  what, 

Q.  By  Mr.  Jay.  Do  you  recollect  what  happened  respecting 
the  payment  of  what  Mr.  Thorne  had  insured  ? 

A.  Yes.  The  amoynt  paid  him  was  just  ten  per  cent  on  the 
whole;  but  ifrwas  ascertained  by  a  calculation,  in  order  to  ap- 
portion the  sum  to  be  paid  among  the  respective  insurers. 

[The  Court  here  took  a  recess  for  one  hour.  At  a  quartei- 
past  6  P.  M.  His  Honor  the  Mayor  resumed  his  seat,  and  the 
trial  proceeded.] 

Abraham  P.  Brower,  sworn. 

Says  he  has  been  some  time  engaged  in  the  selling  of  lottery 
tickets — only  about  two  and  a  half  years,  however,  on  his  own 
account.  Docs  not  know  of  any  concealment  of  any  numbers  by 
one  of  the  boys  at  any  time,  except  from  ucarsay.  Has  heard 
ofoneof  theboys  having  been  bribed.  Witness  was  present  at 
the  examination  of  the  numbers  15468,  3865  and  30  ;  did  not 
take  particular  notice  of  the  last ;  the  two  first  appeared  to  him 
to  be  soiled,  the  second,  however,  more  than  the  first. 

Q.  By  Mr.  Hoffman.  Were  you  a  vender  of  tickets  in  the 
fourth  class  of  the  Medical  Science  Lottery  ?     A.  Yes. 

Q.  What  conversation  had  you  with  JVIr.  Sickles  during  the 
drawing  of  that  class  ? 


45 

A,  I  often  saw  Mr.  Sickles  and  had  conversation  with  hiin. 
Q«  Did  you  ever  converse  with  him  respecting;  tlic  low  nurji- 
bers  ? 
A.  Yes. 

Q.  What  did  he  say  ? 

A,  He  asked  me  if  I  insured.    I  told  him  sometimes.  He  told 
me  there  were  certain  numbers  I  need  not  be  afraid  of. 

Q  What  were  the  numbers  ? 

A,  I  think  he  mentioned  number  three,  as  one  of  them. 

Q.  What  did  you  reply  to  him  ? 

A.  I  think  I  mentioned  to  him  that  I  was  very  sorry  he  had 
said  any  thing  to  me  on  the  subject. 

Q.  Did  he  not  tell  you  that  those  low  numbers  were  not  in  thf. 
wheel  ? 

A,  I  think  not.     He  only  said  I  need  not  be  afraid  of  them- 
He  has  since  told  me,  however,  that  he  had  said  that  in  jest. 

Q.  Did  not  he  request  you  to  keep  the  fact  a  secret  ? 

A.  Yes. 

Q.  This  was  after  the  publications  in  the  Chronicle  ? 

A.  Yes. 

Q.  What  answer  did  you  make  ?  Did  you  or  not  tell  him  thai 
he  ought  never  to  have  communicated  the  fact  to  you  ^ 

A.  Yes,  I  believe  I  did. 

Q,  Do  you  know  when  number  three  came  out  ''■ 

A,  No. 

Q.  Was  it  one  of  the   numbers  afterwards  found  out  of  the 
wheel  ? 

A»  I  do  not  know. 

Q.  By  the  Court.  Do  you  know  whethrr  it  came  out  early  ' 

A.  It  did  not — but  I  do  not  know  exactly  when.  ' 

Q.  By  Mr.  Hojfman.  Was  this  information  given  you  to  ei^- 
ble  you  to  insure  upon  the  low  numbers  ?  "' 

A.  I  do  not  know  what  his  views  were. 

Q.  Did  he  mention  Judah's  name  to  you  .' 

A,  I  do  not  remember. 

Cross-examined,  by  Mr.  Jay. 

Q.  Are  you  intimate  with  Mr.  Sickles  ? 

A.  Not  verj^ 

Q.  Have  you  any  interest  in  common  with  him  '! 

A.  No. 

Q.  Can  he  make  any  thing  in  consequence  of  what  passt'^ 
between  him  and  you  ? 

A.  Not  that  I  know. 

Q.  Are  you  sure  he  was  in  earnest  ? 

.'/.  I  cannot  tell  certainly. 

Q.  It  WD=  '^)?.s=  No.  4  he  s]yolif>  cS  ^     A,  Yc'-. 


46 

Q    Did  you  take  his  advice  and  insure  ? 

ji.  I  do  not  know  whether  I  did  or  not. 

Q.  Did  you  believe  Mr.  Sickles  when  he  told  you  that  ?  Did 
you  insure  any  more  on  that  account  ? 

J[,  No. 

Q.  By  the  Court.  Did  it  influence  youi'  insurance  ? 

A.  I  do  not  exactly  know, 

Q.  Would  you  have  insured  number  three  as  you  did  if  he  had 
aot  ^iven  you  the  inlormntion  ? 

ji.  I  do  not  think  I  would. 

Q,  How  lonj;;  since  that  lottery  was  drawn  ? 

.^.  About  one  year. 

Q.  By  Mr.  Jai/.  Did  you  sign  the  certificate  that  the  lottery 
was  fairly  drawn  ? 

A.  Yes. 

[Mr.  Jay  here  proceeded  and  read  the  certificate  before  the 
Jury.     Sre  p.  15,  introduction.] 

The  witness  said  he  had  been  present  at  the  examination  with 
Mr.  Thorne  ;  tbatThorne  told  him  $250  or  ^260  of  the  insurance 
he  had  effected  was  his  own  ;  that  this  sum  was  equalized  among 
the  several  insurers,  but  not  paid  as  being  ten  per  cent,  oj)  the 
whole. 

Q.  By  Mr.  Hoffman.  Did  you  insure  largely  on  ticket  No.  3  ? 

.'?.  I  do  not  think  I  did. 

Q.  As  much  as  two  thousand  dollars  ? 

A.  I  think  not  so  much. 

Q.  One  thousand  dollars  ? 

A.  Perhaps  I  might. 

Q.  Did  you  not  insure  on  this  number  in  consequence  of  Mr. 
Sitklrs^  information. 

A.  No  ;  I  insured  on  all  that  were  presented. 

Q.  Did  not  yo'i  insure  on  number  three  at  a  late  period  of  the 
drawing  ? 

A.  Yes. 

Q.  Had  not  the  information  from  Mr-  Sickels  an  influence 
on  your  mind  in  making  that  insurance  ? 

A.  Yos  ;  because  he  told  me  so. 

Q.  Did  you  insure  on  that  number  for  Mr.  Judah  ? 

A.  Part  for  myself  and  part  for  Mr.  Judvih. 

Q.  When  you  got  the  insurance  from  Mr.  Judah  it  was  that 
the  number  would  not  come  out  ? 

A.  Yes*. 

Q.  Did  you  not  act  on  Mr.  Sickles'  information  ' 

A.  I  do  not  exactly  Know  ;  I  insured  all  that  v/as  asked  of  me, 
.iot  that  any  more  than  any  other  number. 

Q.  You  insured  pretty  largely  on  number  three  ?     A.   Yes. 


47 

Q.  What  was  your  reason  for  doing  so  ? 
A.  Because  I  did  not  like  to  disclose  what  Mr.  Sickles  had 
said  to  me. 

Q.  That  was  your  reason  ?     A.  Yes. 
Q.  And  you  went  to  Judah  to  get  him  to  take  a  partf 
A.  Yes. 

Q.  If  you  had  not  taken  all  that  was  offered  to  you,  you  would 
have  felt  yourself  obliged  to  explain  ? 
A.  Yes. 

Q.  And  this  is  the  reason  why  you  took  so  much  on  number 
three  ? 
A.  Yes.  I  did  not  wish  to  injure  any  body. 
Q.  By  Mr.  Jay.  Did  Mr.  Sickles'  information  amount  to  an 
objection  in  your  mind  against  your  becoming  an  insurer  on  that 
number  ?     A.  No. 

Q.  By  the  Qoxirt.  Supposing  you  had  been  going  to  make  an 
insurance  for  yourself  merely,  would   you  have  made  it  in  the 
same  manner  as  if  you  had  not  received  this  information  ? 
A.  I  do  not  think  I  should  for  myself. 

Q.  By  Mr.  Jay.  You  believed  Mr.  Sickles  to  be  serious  and 
intending  to  give  you  good  advice  ? 

A.  At  that  time  I  did.     He  has  since  said  he  was  in  jest. 
Q.  By  the  Courf.  To  what  extent  did  you  cover  yourself  with 
Mr.  Judah  ? 
A.  Seventeen  hundred  dollars. 
Q.  What  was  the  whole  amount  of  the  insurance  ? 
A.  About  $2200. 

Q.  Did  you  gain  any  thing  on  your  insurance  ? 
A.  Yes.     I  was  allowed  12  and  a  half  per  cent,  on  Mr.  Ju- 
dah's  part. 

Q.  By  Mr.  Hoffman.  Did  you  ever  insure  for  Mr.  Sickles  ? 
A.  No. 

Q-  For  Judah?     A.  Yes. 

Q.  Did  Judah  hit  you  on  number  30,  oi-on  3865  ?  A.  No. 
Q.  And  did  you  insure  on  15468  ?     A.  Yes. 
Q.  Did  you  cover  yoiu-self  in  part  at  Judah's  office  on  thi.*; 
number  ? 
A.  Yes. 

Q.  And  did  you  hit  him  ?     A.  Yes. 
Q.  Did  you  ever  hit  on  the  faith  of  a  dream  ? 
A.  I  believe  I  did  once.    It  was  in  a  Philadelphia  lottery. 
Q.  Was  it  your  own  dream  ?     A.  Yes. 
Q.    Do  you  know  any  body  else  that  has  hit  on  the  faith  of  a 
dream  ? 

A.  Why  dreams  are  t:onstantly  talked  about  by  those  people 
that  insure. 


4H 

Thomas  B.  Jansen,  &V)Orn. 
Says  he  has  been  in  ihe  lottery  business  a  clozcn  or  more 
years.  Knows  nothing  of  the  truth  of  the  report  of  a  boy  hav- 
ing concealed  some  numbers  10  or  12  years  ago.  Recollects 
the  circumstance  of  a  man  being  exposed  for  attempting  to  bribe 
the  little  boy,  Ten  Brook,  Mr.  Sickles'  grandson,  lately  employ- 
ed at  one  of  the  wheels.  The  man  was  forced  to  get  up  on  a  ta- 
ble and  be^  pardon. 

Q.  By  Mr.  Hoffman'  How  was  the  attempt  of  the  man  upon 
the  boy  discovered  ? 

A.  The  boy  told  it  to  his  grand-father.  The  managers  then 
got  a  number  for  him  and  let  him  go  to  the  man  with  it.  Some 
of  them  followed  him.  He  showed  it  to  the  man,  and  was  re- 
quested to  have  it  called  the  next  day.  The  next  day  the  man 
came  to  the  drawing  and  the  boy  pointed  him  out,  and  he  wa^; 
exposed. 

Q.  Was  the  boy  considered  to  have  acted  corruptly  ? 
A.  Not  at  all. 

Q.  Do  you  know  any  thing  about  a  certain  number,  17,  in  a 
former  lottery  ? 

Q.  Yes.     It  was  in  Union  College  Lottery,  3d  Class.     The 
drawing  of  the  lottery  closed,  and  that  ticket  didn't  come  out. 
Q.  You  were  present  ? 

A.  Yes.  And  every  hundred,  I  observed  that  1 7  didn't  come 
out.  And  when  the  drawing  was  over,  I  ran  to  one  of  the  ma- 
nagers, Mr.  Denniston  I  think,  and  told  him  that  number  17  had 
not  been  called. 

Q.  Well,  what  did  they  do  ? 
A.  It  was  then  called. 
Q.  After  the  drawing  had  been   closed  ? 
A.  Yes.     The  number  was  called  by  the  man  at  the  number 
.vheel,  and  the  man  at  the  other  wheel  said,  blank. 
Q.  And  what  did  the  man  who  sat  in  the  middle  say  ? 
A.  He  repeated,  '  17,  blank.' 
Q.  Then,  in  fact,  number  17  was  never  drawn  ? 
A.  No,  it  was  not— Mr.  Sickles  made  up  the  numbers  for  this 
lottery. 

Q.  What  is  the  meaning  of  tickets  being  said  to  come  out  first 
•inderthe  black  mark  ? 

A.  It  is  th^t  they  are  called  near  the  first  in  the  hundred. 
Q.  Have  you  seen  Mr.  Sickles  have  several  tickets  in  his  lap 
at  a  time  ? 
A.  Yes. 

Q.  In  the  4th  Class  ? 
A.  Yes. 
Qj  Ho'-v  jnany  do  you  think  ? 


49 

A.  1  should  say  I  have  seen  him  have  a  hundred  or  more  at 
a  time. 

Q.  And  what  did  he  do  if  any  remained  at  the  end  of  a  hun 
drcd  ? 

A.  lie  ])Dt  the  rest  back  into  the  wheel. 

Q.  Did  some  of  the  managers  occasionally  get  asleep  ? 

A.  We  used  to  laugh  at  Doct.  Mitchell  sometimes  for  getting 
drowsy. 

Q.  You  have  seen  Mr.  Sickles  take  out  a  handful  at  a  time  ? 

A.  Yes-     But  he  handed  them  one  by  one  to  the  managers. 

Q.  Could  Mr.  Sickles,  if  so  disposed,  have  taken  tickets  away 
with  him,  and  not  returned  them  to  the  wheel  till  the  next  day  ? 

A.  He  might,  and  not  return  them  at  any  time,  if  he  pleased. 
When  the  ticket  was  taken  out  for  the  litde  boy,  and  the  man 
exposed,  I  never  observed  it,  nor  did  1  know  of  it  till  after- 
wards. 

Q.  Have  you  attended  the  two  last  drawings?   A.  No- 

Q.  Who  run  Qf\  number  3865  .'' 

A.  I  believe  Mr.  Seixas. 

Q.  Who  run  on  30  ? 

A.   I  be'icve  the  same  man. 

Q.  Do  you  know  whether  he  did  it  for  Judah  ? 

A.   No. 

Q.  Did  you  ever  see  Mr.  Sickles  and  Mr.  Seixas  together  ? 

A.   Yes  ;  I  have  seen  them  at  Mr.  Judah's  oflice  together. 
Cross  cxamiiied  hy  Mr.  Jay. 

Q.  Have  you  seen  the  boy  get  ahead  of  the  manager  at  the 
blank  and  prize  wheel? 

A.  Yes  ;  two  or  three  tickets  ahead.     The  boy  then  cut  aad 
opened,  at  present  he  cuts,  but  don't  open  the  tickets. 
Jackson  Haines  sjoorn. 

Said  he  had  sold  tickets  a  number  of  years,  but  had  nothing  tp 
do  with  the  present  lottery,  except  having  sold  a  few  tickets. 

Q.  By  Mr.  D.  B.  Ogdcn.  Have  you  ever  bought  tickets  of 
Mr.  Sickles  ? 

A.    Yes. 

Q.  Did  you  ever  lend  him  money  ? 

A.  He  called  on  me  last  winter  and  wished  to  borrow  ^400, 
which  he  said  he  could  get  of  Mrs.  Bates,  if  I  would  recommend 
him  to  her. 

Q.     What  inducement  did  he  hold  out  for  you  to  assist  him  ? 

A.  He  said  he  was  likely  to  have  some  connexion  >vith  the 
next  lottery,  and  that  he  might  then  aid  us,  (meaning  my  partner 
and  me)  in  our  business. 

Q.  By  the  Court.  He  told  you  he  should  be  a  manager  in  the 
next  lottery,  and  could  then  do  something  for  you  ? 
7 


50 

A.  He  said  he  could  do  something  for  us. 

Q.  In  what  way  did  you  think  ho  meant  to  say  he  could  serve 
you  ? 

A.  I  never  thought  of  it  till  after  these  reports  were  raised. 

Q.  Did  you  promise  to  recommend  him  to  Mrs.  Bates  ? 

A.  Yes.  But  on  making  enquiry  about  his  responsibility,  I 
determined  not  to  recommend  him  to  her. 
Cross  examined. 

Q.  What  is  the  practice  respecting  the  purchase  of  tickets 
from  the  managers  ? 

A.  The  practice  formerly  was  to  give  notes  for  them,  and 
leave  the  tickets  for  the  security  of  the  managers. 

Conrad  Brooks  sworn.     Examinedhy  Mr.  Ogden. 

Q.  Are  you  a  dealer  in  tickets  ? 

A.  I  have  bought  and  sold  some,  but  don't  follow  the  busi- 
ness. ■- 

Q.  What  business  do  you  follow  ? 

A.  I  keep  a  shoe-store.  • 

Q.  What  conversation  have  you  had  with  Mr.  Sickles 

A.  Eleven  or  twelve  months  ago,  Mr.  Gilchrist  called  to  get 
a  note  discounted  for  Mr.  Sickles,  at  Barkers'  bank.  After  it 
became  due,  Mr.  Sickles  came  and  told  me,  that  where  one  gets 
one  good  thing  done,  it  is  common  to  ask  for  another,  and  re- 
quested me  to  assist  him  in  discounting  another  note.  I  under- 
took to  get  it  done  at  the  same  bank.  It  was  done,  and  Mr. 
Sickles  received  the  money. 

Q.  And  what  did  he  say  to  you  then  ? 

A.  He  told  me  that  perhaps  he  could  be  of  some  service  to 
me  ;  that  he  was  going  to  be  a  manager  in  the  next  lottery,  and 
perha})s  we  might  then  pby  into  each  others  hands. 

Q.  What  did  he  mean  by  that  ? 

A.  I  didn't  know  then  what  he  meant. 

Q.  By  the  Court.  You  were  a  lottery  dealer  .'' 

A.  No,  I  keep  a  shoe-store;  I  bought  once  100  tickets  at 
auction  and  sold  them  out. 

Q.  In  what  lottery  ? 

-A.  In  No.  4  of  the  Medical  Science. 

Q.  By  Mr.  Ogden.  Do  you  know  whether  any  insurance 
was  effected  on  No.  15468  ? 

A.  I  have  heard  of  it. 

Being  cross  examined,  he  said  neither  Mr.  Sickles   nor  Mr. 
Gilchrist  ever  endorsed  his  note— Mr.  Gilchrist  was  his  friend. 
William  Smith,  sworn. 
Says  he  was  a  dealer  in  tickets  when  the  Owego  lottery  was 
drawn,  and  was  at  the  drawing  when  the  prize  of  ^5.000  came 
out.  * 


51 

Q.  Was  there  any  thing  peculiar  in  the  manner  of  drawing 
that  prize  ? 

A.  I  will  state. 

Q.  It  was  drawn  out  by  Mr.  Sickles  ? 

A.  Yes.  I  stood  very  near  Mr.  Sickles  at  the  time.  He  stood 
facing  me. 

Q.  Did  he  show  his  hand  ? 

A.  He  did  net.  He  had  told  me  before  that  the  managers  had 
come  to  the  conclusion  not  to  show  their  hands.  He  said  they 
considered  it  degrading. 

Q.  How  was  that  [)rize  drawn,  in  fact,  by  Mr.  Sickles. 

[The  witness  here  represented  the  manner  ot  drawing  the 
ticket  by  gestures, ^hownng  that  Mr.  Sickles,  when  he  took  his 
hand  out  of  the  wheel,  turned  partly  round  and  dropped  his  hand 
partly  under  the  skirt  of  his  coat,  and  then  held  up  the  number 
to  the  spectators.] 

Q.  By  the  Cottrt.  Mr.  Sickles  told  you  the  managers  thought 
it  degrading  to  show  their  hands  ? 

A.  Yes. 

Q.  Did  you  sec  the  number  in  his  hand  as  his  hand  came  out 
of  the  wheel  ? 

A.  I  did  not  see  any  number  as  he  took  his  hand  out ;  but 
after  he  put  it  under  the  skirt  of  his  coat  he  held  up  the  ticket  f 

Q.  The  Owego  was  the  last  drawn  lottery  before  the  present.^ 

A.  Yes. 

Q.  Have  you  seen  more  than  one  ticket  open  at  a  time  in 
Mr.  Sickles' lap? 

A.  I  have — and  also  in  the  manger's  lap.  The  boy  was  fre- 
quently four  or  five  ahead. 

Q,.  At  the  blank  and  prize  wheels? 

A.  Yes,  that  was  conducted  in  the  same  manner.  The  boy 
would  cut  and  open  a  number  and  throw  it  down,  and  then  take 
out  another. 

Q.  Did  you  attend  the  drawing  this  morning? 

A.  Yes. 

Q.  Did  the  boy  show  his  hand  ? 

A.  Yes,  very  fairly. 

Q.  Did  you  examine  the  soiled  tickets  ? 

A.  No. 

Q.  Did  you  sign  the  certificate  ? 

A.  Yes,  Mr.  Judah  brought  it  tome. 

Q.  Were  you  present  at  the  investigation  between  Mr.  Judah 
and  the  other  nisurcrs  ? 

A.  No. 

Q.  Why  did  you  sign  the  certificate  ? 

A.  I-signed  it  berau re  others  who  had  contributed  to raise^the 


/>2 

Mports  that  have  been  circulated,  had  previously  signed". 

Q.  This  was  (he  reason  r" 

A.  Yes,  I  thought  if  they  'were  satisfied,  I  might  safely,  sigp 
(he  pa[ier. 

Cross  examine  J,  bi/  Mr.  Wells. 

Q.  Was  there  any  thing  struck  you  as  being  unfair  in  the 
inannci"  of  drawing  the  prize  in  the  Owego  lottery? 

A.  Nothing  at  the  time. 

Q.  You  had  no  doubt  at  that  time  that  the  ticket  was  fairly 
drawn  ? 

A.  None.  I^f  I  had  any  suspicions  of  Mr.  Sickles'  honesty,  I 
should  not,,  however,  have  been  satisfied  with  the  manner  in 
which  he  drew  the  prize. 

Q.  By  Tvlr.  Ogden.  What  do  you  now  think  on  that  subject 

Mr.  \Vells  ohjected  to  the  question  as  improper. 

Q.  By  [he  Cowl.  Mr.  Smith,  what  did  you  mean  to  say,  that 
you  then  considered  it  fairly  drawn  ? 

A.  Yes,  ^sir. 

Q.  And  now  ?     A.  And  now. 

Q.  By  Mr-'  Ogden.  Did  you  know  at  the  time  to  whom  tlra' 
prize  was  drawn  ? 

A.  No. 

Q.  Did  you  hear  Mr.  Denniston  say  he  was  the  owner  ? 

A.  1  once  expressed  to  him  my  opinion  that  the  bad  repbrts 
abroad  respecting  lotteries  originated  in  the  drawing  oftheOwe- 
go  lottery  and  not  in. the  present  one  ;  and  I  told  him  if  he  could 
do  away  the  suspicion  as  to  the  ,^35.000  prize,  it  would  go  far  to- 
wards removing  any  impressions  on  the  subject  of  lottery  man- 
agement. 

Q.  What  did  he  say  ? 

A.  He  said  if  he  were  asked  in  a  proper  manner,  he  might  per- 
haps give  an  answo". 

Q.  You  had  asked  him  before  whether  he  was  the  proprietor 
of  the  $35,000  prize  .^ 

A.  I  had  told  him  I  understood  he  owned  half,  and  Mr.  Sickle? 
the  I'cst. 

Q.  And  this  had  given  rise  to  your  impression  concerning  the 
origin  of  those  reports.^ 

A.  Yes.  1  told  Mr.  Denniston  so,  and  he  therefore  refused  tt 
aiiskvcr. 

John  L.  Crygicr,  t^zvorn. 

Says  lie  examined  the  number  15468  the  day  it  was  drawn, 
and  said  rt  once  on  seeing  it,  that  it  was  soiled;  afterwards  all 
who  were  )->rpseiit  agreed  that  it  was  soiled.  AVitness  went  again 
f 'ic  next  day  to  fxinniiif^  the  tirkels.  Mr.  Gilchrist  pointed  out 
one  whigh  he  said  vv.as  the  number  1 5468  :  but  witness  told  him. 


53 

wilhont  seeing  the  face  of  it,  that  he  did  not  think  it  was  ^Jie 
number  •,  and  it  proved  to  be  a  blank.  Witness  then  proceeded 
to  examine  and  presently  found  the  ticket  himself,  by  looking 
merely  at  the  back  of  it.  He  did  not  examine  number  3p  ;  has 
not  particularly  observed  the  manner  in  which  the  drawing;  has 
been  conducted;  was  present  when  15468  came  out,  but  saw 
nothing  remarkable  in  the  drawing. 

Being  cross-exa7mne(l  hy  the  District  Jlttorney, 

He  says  that  he  understood  from  Mr.  Gilchrist  that  the  ticket 
he  pointed  out  to  the  witness  was  a  blank  ;  but  witness  did  not 
sec  the  face  of  it,  and  cannot  say  positively. 
Samuel  J .  Bernard^  szcorn. 

Says  he  has  attended  the  drawing  twice  or  thrice,  and  has 
seen  the  boy  pick  up  tickets  from  the  floor,  and  cut  and  open 
fhem  as  if  taken  directly  from  the  wheel. 

Q.  Have  you  seen  the  boy  take  out  several  at  a  lime  from 
the  wheel  ? 

A.  Yes,  a  handful  ;  and  cut  them  one  after  another,  and  hand 
them  to  Mr.  Sickles. 

Q.  Did  Mr.  Sickles  appear  to  have  the  principle  part  of  the 
management  ? 

A.  Yes,  at  one  of  the  wheels  he  did. 

Q.  Have  you  ever  seen  a  manager  asleep  during  the  drawing  ?■ 

A.  I  have  seen  one  of  them  apparently  asleep,  or  dozing,  sfl 
as  to  excite  laughter  in  the  room. 

Q.  And  that  while  Mr.  Sickles  v^as  at  work  at  the  wheel  ? 

A.  Yes. 

Q.  The  lottery  is  drawn  after  dinner,  isn't  it?     A.  Yes. 

Q.  How  many  tickets  have  you  seen  lying  on  a  managcr\s 
knee  before  any  of  them  were  called? 

A.  As  many  as  three. 

C^.  Have  you  seen  Mr,  Sickles  draw  many  at  a  time  from  th<": 
wheel  ? 

A.  Yes,  a  handful,  and  lay  them  on  his  lap. 

Q.   ByMv.Jau-  This  was  when  the  boy  was  absent  ? 

A.  Yes. 

Q.  At  which  wheel  have  yon  seen  two  or  three  lying  on  .. 
manager's  knee  at  a  time  ? 

A.  At  the  blank  and  prize  wheel. 

Doctor  Isaac  Kip  utoorn. 

Says  ho  has  occasionally  attended  the  drawing.  Has  seen  the 
boy  lake  out  several  numbers  at  a  tiiiic,  and  lay  them  downpro>- 
Biiscuously  in  Mr.  Sickles'  lap. 

Q.  Did  you  think  that  a  proper  mode  of  drawing  .'' 

A.  No,  1  have  thought  it  improper,  and  told  the  bystander^  t© 
v.-atch. 


j4 

Q.  Did  you  ever  know  ihc  numbers  improperly  caHed  f 

A.  Yes.  1  have  known  them  called  so  as  not  to  correspond  vvgh 
the  oi"der  in  which  they  were  opened  ? 

Q,  JIi>ve  you  known  tickets  to  fall  from  the  handkerchief  of 
Mr;  Sickles  ? 

A.  Yes,  and  he  picked  them  up. 

Q.  What  lottery  do  you  now  speak  of-? 

A.  Medical  Science,  No.  4. 

Cross  examined. 

Q.  Do  you  say  you  saw  any  thine  improper  i* 

A.  I  only  saw  the  numbers  called  otherwise  than  they  were 
opened — that  is,  they  were  not  called  as  they  were  opened. 

Q.  By  the  Court.  Did  you  ever  know  any  number  or  tickets 
left  over  at  the  close  of  drawing  a  hundred  ? 

A.  I  never  did. 

Robert  Gilchrist  called  again. 

Q.  By  Mr.  Hoffman.  Have  you  seen  numbers  left  over  at  tbe 
close  of  drawing  a  hundred.'' 

A.  Yes.  Sometimes,  I  suppose,  as  many  as  ten. 

Q.  Did  you  ever  see  this  at  the  blank  and  prize  wheel  ? 

A.  Don't  recollect  that  I  have. 

Q.  How  long  were  the  rests  that  have  been  mentioned  at  the 
ends  of  the  hundreds  ? 

A.  A  bout  to  minutes — a  very  short    time. 

Q.  Did  you  ever  see  the  boy  keep  tickets  in  his  hand  during 
tlie  rest? 

A.  Don't  recollect  tljat  1  have. 

Q.  Have  you  ever  seen  him  put  surplus  tickets  into  the  wheel 
at  the  end  of  a  hundred  ? 

A.  Yes.  But  if  the  ticket  had  been  opened,  then  it  was  kept  to 
begin  the  next  hundred  with.  < 

Q.  How  do  they  know  when  they  have  reached  the  end  of  a 
hundred  ? 

A-  The  person  keeping  tally  calls  out,  when  they  get  to  99^ 
that  the  boy  may  draw  one  more. 

Mr.  Ogdcnnow  informed  the  Court  that  there  was  only  one 
witness  more,  Mr.  Burtus,  whom  it  was  intended  to  examine  on 
the  part  of  the  defence  ;  that  this  witness  was  said  to  be  sick,  but 
might  be  expected  to  attend  court  io  the  morning  ;  that  all  par- 
ties were  \\  illing  to  have  the  jury  retire  for  tlie  night,  to  their 
own  {io;ncs,  under  the  charge  of  the  court,  that  they  should  suf- 
i^r  no  jjerson  to  si)oak  to  them  in  relation  to  the  trial. 

His  JJonour,  the  Mayor,  therefore  gave  such  charge  to  the  ju- 
ry— and  the  court  adjourned  at  about  9  o'clock,  r.  M.  luitil  1 1  A.yi. 
cff  the  next  day. 


55 

\Kove7nler  \lth — The  Jury  were  railed  at  1 1  J.  M,  and  the 

trial  proccedcd-l 

Joh7i  Smith  sworn,  on  thepartofthedffendant. 

Says  he  lives  with  his  brother,   Daniel  D.    Smith,  wlio  sells 

lottery  tickets.     Has  lived  so  better  than  7  years.     Was  preseiU 

at  the  9th  day's  drawing  when  number  1  j468  came  out. 

Q.  By  Mr. Hoffman.  Was  there  any  thing  peculiar  at  Uie  draw- 

[The  witness  stands  mute.] 

Q.  By  Mr.  Hoffman.  What  is  your  answer? 

Q.  By  the  Court.   What  does  he  say  .'' 

A.  By  Mr.  Hoffman.  Nothing,  Sir. 

Court.  Mr.  Smith,  it  will  be  disagreeable  to  the  court  to  take 
any  harsh  measures  with  you  ;  but  you  stand  here  as  a  witness, 
bound  to  speak  the  truth  and  the  whole  truth,  so  far  as  it  may 
not  criminate  yo<irself.      You  must  answer  the  question. 

•A.  I  was  keeping  slips  and  taking  down  the  numbers  as  they 
came  out.  1  thought  that  as  the  numbers  were  tlu'own  into  Mr. 
Sickles'  lap — [Here  the  witness  stands  mute  for  sometime.]  Al 
the  time  that  number  came  out,  I  thought  that  the  numbers 
thrown  into  Mr.  Sickles'  lap,  didn't  accord  with  the  numbers 
that  come  out  of  his  lap.  My  opportunity,  of  seeing  was  not 
very  great ;  and  since  the  drawing  I  have  been  inclined  to  think 
I  was  mistaken.  ^ 

Q.  Has  not  Mr.  Judah  endeavored  to  prevent  or  dissuade  you 
ft'om  being  a  witness  in  this  cause  .'' 

A.  I  can't  say  that  he  has. 

Q.  By  the  Court.  Have  you  had  any  conversation  with  him 
on  the  sui)Joct  ? 

A.  I  told  him  I  was  to  be  a  witness  here. 

Q.  By  yiv.  Hoffman.  What  was  the  conversation  yoU  had  with 
Mr.  Judah  ? 

A.  1  did  not  charge  my  memory.  I  did  not  think  it  of  any  con- 
sequence. 

Q.  By  the  Co7Vt.  Do  you  mean  to  say  upon  your  oath  that 
you  have  forgotten  it  .''  VVhat  is  your  answer  .■* 

[He  stands  mute.] 

Q.  By  the  Court.  Mr.  Smith  you  must  answer,  at  your  peril. 
Cannot  you  give  us  the  substance  of  that  conversation  .? 

A.  I  believe  he  asked  me  what  my  evidence  would  be. 

Q.  What  answer  did  you  make  .'' 

A.  I  did  not  tell  him  what  I  should  say. 

Q.  By  Mr.  Hoffman.  Have  you  not  said  that  you  have  had  a 
quarrel  or  dispute  with  Mr.  Judah  on  acrou»\t  of  your  being  a 
witness .'' 

A.  I  do  not  recollect" 


56 

Q.  Did  you  examine  the  files?    A.  Yes. 
Q.  Did  you  find  1 54G8  soiled  ? 
A.  It  appeared  to  he. 

Q.  By  the  Cowrf.  What  do  you  mean  by  what  you  said  about 
the  "numbers  thrown  into  Mr.  Sickles'  lap  not  corresponding 
with  those  that  were  culled  ? 

A.  They  did  not  appear  lo  me  to  correspond. 
Q.  How? 

A.  It  appeared  that  there  was  one  number  more  than  the  boy 
threw  in. 
Q.  To  what  extent  was  the  difference  ? 
A.  There  appeared  to  be  one  more. 
Q.  How  did  you  ascertain  how  many  the  boy  took  out  ? 
A.  I  was  writing — 1  thought  I  observed  how  many  he  tocji. 
out — I  thought  he  took  out  one  less  than  there  really  were.      It 
appeared  that  when  he  had  thrown  three  into  Mr.  Sickles'  lap  in 
succession, Mr.  Sickles,  in  calling  the  numbers  oft",  made  one  mopet 
Q.  How  many  did  he  call  ofl'? 

A.  1  think  it  was  four.  1  thought  so  then,  and  until  the  state- 
ment of  the  managers  came  out. 

Q.  Did  you  mention  it  at  the  time  ? 

A.  I  mentioned  it  I  believe  to  a  number  present,  but  not  at 
ihat  moment,  I  believe  it  was  next  day  at  the  Hall  when  the  ex- 
amination took  place. 

Q.  Did  you  think  at  the  time  that  you  saw  distinctly  how 
many  the  boy  drew  out  ? 
A.  It  appeared  so  to  me. 

Cross-examined  hy  Mr.  Jay. 
Q.  Did  you  see  the  numbers  in  the  boy's  hand  ? 
A.  Yes. 

Q.  AVas  your  face  towards  the  boy  ? 
A.  I  was  nearly  in  front. 

Q.  Might  not  the  boy  take  out  a  number  while  you  were  look- 
ing at  your  book. 
A.  He  might. 

Q.  Of  those  four  tickets  that  Mr.  Sickles  called  oflf,  was  154^-8 
the  first  >■ 
A.  No. 
%  Second  ? 

A.  No.  Either  the  third  or  fourth. 
Q.  Was  this  number  insured  at  your  brother's  office  ? 
[Witness  docs  not  answer.    The  counsel  however  admit  that 
his  brother  has  been  indicted  forinsuring  thatnumbcr  for  Judah.] 
Q.  Does  the  boy  commonly  wait  for  Mr.  Sickles  to  clear  his 

:.p? 

A.  Sometimes — and  somettmes  not. 


57 

Q.  By  the  Court.  How  was  it  in  the  present  instance  ?  Had 
Mr.  Sickles  got  through  ? 

A.  It  appfeared  to  me  not. 

Q.  Was  it  a  common  thing  for  that  boy  to  draw  more  than 
One  at  a  time  .'' 

A.  Sometimes  he  would  get  one  or  two  and  throw  one  back. 

Q.  When  Mr.  Sickles  called  off  the  fourth  number,  as  you 
have  mentioned,  did  he  read  a  number,  or  call  it  merely  ? 

A.  He  read  a  number. 

Q.  By  the  Dist.  AtKorney.  Has  Mr.  Baldwin  called  on  you  on 
this  subject  ? 

A.  Yes  ;  he  enquired  what  I  had  seen. 

Q.  What  did  you  say  ? 

A.  I  told  him  what  I  have  slated  here. 

Q.  By  the  Court.  Did  you  attend  court  yesterday  f 

A.  Not  till  evening,  when  the  marshal  came  after  me. 

Q.  Why  did  you  not  attend  ? 

A.  I  did  not  know  that  it  was  necessary ;  I  calculated  they 
would  send  for  me. 

Q.  Did  any  body  tell  or  hint  to  you  that  you  need  not  come  ? 

A.  No,  sir. 
'  Benjamin  Crane,  stoorn. 

Says  he  examined  the  soiled  tickets  on  the  morning  after  the 
drawing,  and  found  them  unequally  soiled.  Number  3866  was 
most  soiled.  It  was  drawn  on  the  fifth  day ;  30  was  drawn  on 
the  seventh,  and  15468  on  the  ninth. 

Q.  By  Mr.  Hoffman.  At  what  time  did  the  low  numbers  in 
the  Fourth  Class  come  out  ? 

A.  Number  three  came  out  on  the  44th  day's  drawing  ;  sil 
came  out  after  three  ;  and  five  was  a  late  number  also — I  don't 
remember  whether  it  was  after  three  or  six. 

Q.  How  many  days  drawing  in  all  ?     A.  Fifty-two. 

Q.  When  did  number  ten  come  out  ? 

A.  I  don't  know  as  to  that  number. 

Q.  Had  you  any  conversation  with  Mr.  Judah  after  the  blow- 
up ? 

A.  Yes,  he  called  on  me. 

Q.  Did  he  say  any  thing  about  the  anonymous  letter  ? 

A.  No,  nor  the  dream.  He  called  to  know  why  we  would 
not  pny.  He  called  again  in  the  evening  to  learn  the  result. 
And  on  Monday  morning  afterwards,  he  produced  the  letter  which 
F  saAV. 

Q.  This  was  at  the  meeting  of  the  insurers  ^ 

A.  Yes.  At  that  meeting  he  agreed  to  give  up  the  policieB. 

Q.  The  certificate  was  signed  afterwards  ?     A.  Yes. 

Q.  Did  you  sign  that  ?     A.  Yes,  ^nd  I  drew  it. 


68 

Being  Crot's-exmnincd^  he  says,  that  the  intent  of  the  ccrlifi- 
oale  was  merely  to  exonerate  the  managers  ;  that  the  latter  clause 
of  the  certiiicate  was  dictated  by  Mr.  Judah  ;  and  that  witness 
signed  it  more  to  accomniodate  Mr.  Jadah  than  any  thing  else. 

Q.  By  the  District  Attorney.  Did  you  believe  that  certifi- 
cate at  the  time  ? 

A.  I  cannot  say  positively  as  to  the  clause  dictated  by  Mr. 
Judah.     I  do  not  believe  nov}  that  it  is  true. 
James  A.  BurtKS,  srvorn. 

Says  that  inhis  jugdment  the  tickets  said  to  be  soiled  were  so. 

Q.  By.  Mr.  Hoffman.  Did  Mr.  Sickles  give  you  any  informa- 
tion relative  to  low  numbers  ? 

A.  Yes.  He  told  me,  or  intimated  that  there  were  some 
numbers  not  in  the  wheel. 

Q.  Towards  the  latter  part  of  the  drawing  ? 

A.  Yes,  about  the  middle,  or  towards  the  latter  part. 

Q.   What  numbers  were  they  ? 

A.  They  were  fow  numbers.  I  do  not  remember  what  num- 
bers. 

Q.  Did  he  intimate  at  the  same  time  that  Mr.  Judah  was  ac- 
quainted with  that  fact  ? 

A.  Yes. 

Q.  Have  you  any  knowledge  of  Mr.  Judah's  hitting  the  un- 
derwriters on  low  numbers  ? 

A.  No. 

Q.  Did  he  hit  often  in  that  wheel  ? 

A.  I  can't  recollect. 

Q.  Did  you  ever,  during  the  drawing,  see  four  or  five  tickets 
in  Mr.  Sickle's  possession  ? 

A.  No. 

Cross-examined  hy  the  District  Attorney, 

Q.  Where  was  this  ?     A.  In  my  store. 

Q.  W^ho  was  present  ?     A.  Nobody. 

Q.  What  did  you  tell  Mr.  Sickles  ? 

A.  3  told  him  it  was  vejy  wrong,  and  that  he  ought  not  to  do 
such  a  thing.     He  said  he  would  never  do  such  a  thing  again. 

Q.  Have  you  not  reason  to  believe  that  he  was  jesting  ? 

A.  He  has  since  said  he  was  joking. 

Q.  Since  the  distuf-bance  about  number  J  5468  ?     A.  Yes. 

Q.  What  was  his  inducement  for  giving  you  such  information  ? 

A,  I  know  nothing  about  it.     1  asked  him  r^o  questions. 

Q.  Have  you  any  connexion  with  Mr.  Sickles  in  business? 

A.  None. 

Q.  What  did  you  think  of  the  communication  ? 

A.  I  was  surprised — I  thought  it  was  very  incorrect. 

Q.  Did  you  ever  mention  it  to  the  managers  ?    A.  No. 


Q.  Why  ( 

A.  Because  Mr.  Sickles  said  he  would  never  do  so  again. 

Q.   Did  you  ever  converse  with  Mr.  Jndah  about  this  ■ 

A.  No.  Mr.  Sickles  told  nie  Mr.  Judah  knew  it. 

Q.    Knew  what  ? 

A.  Of  the  tickets  being  out  of  the  wheel. 

Q.  Afas  the  communication  a  voluntary  one  .' 

A.  I  never  attempted  to  draw  it  out. 

Q.  Did  you  mention  the  thing  to  any  body  ? 

A.  I  did' to  Mr.  Blood  good,  soon  after. 

Q.    Did  you  make  any  use  of  the  information  ? 

A.  No,  I  went  on  as  before. 

Q.  To  whom  else  did  you  mention  it  ? 

A.  I  mentioned  it  to  a  young  man  in  the  store,  and  afterwards, 
since  this  disturbance,  to  Mr.  Crane. 

Q.   By  the  District  Attorney.   Didn't  yon   think  Mr.  Sickles 
a  great  fool  ? 

A.  1  can't  answer  that.     I  had  always  had  such  an  opinion  of 
him  that  1  hadn't  thought  him  capable  of  such  a  thing. 

Q.  How  long  ago  was  this  ? 

A.  About  a  year  ago. 

Q.  By  Mr.  Hoffman.  Didn't  you  tell  Mr.  Sickles  you  wer.e 
iorry'  the  communication  had  been  made  ? 

A.  I  have  since  told  him  I  was  very  sorry,  for  that  it  was  in- 
formation I  did  not  want. 

Q.  Didn't  you  at  the  time  ? 

A.  Not  the  very  day,  but  I  did  some  days  afterwards. 

Q.  You  have  been  long  acquainted  with  Mr.  Sickles. 
.     A.  Yes. 

Q.   And  in  the  habit  of  lending  him  money  ? 

A.  I  have  often  lent  him  small  sums,  and  never  charged  him 
any  interest. 

Q.  Didn't  Mr.  Sickles  name  any  of  the  numbers  he  spoke  of? 

A.  I  think  he  did  name  number  three  as  one  of  them. 

Q.  \^y  the  Court.  Did  he  ask  you  to  keep  the  thing  a  secret  ? 

A.  I  do  not  recollect. 

Q.  Had  you  any  idea,  at  the  time,  that  he  was  joking  ? 

A.   I  didn't  know  Avhat  to  think,  1  was  so  surprised. 

Q.  Did  you  consider  it  a  contidential  communication  ? 

A.  1  don't  know  that  1  did. 

Q.  By  the  District  Attorney.  Don't  the  old  man  frequently 
joke  about  the  lotteries  ? 

A.  Yes,  he  frequently  jokes. 

Q.  By  Mr  Colliiis,  (Juror)  Do  you  belir^ve   iMr.  Sickles  told 
you  the  truth  ? 

A.  J  don't  know  what  to  think  ®f  it. 


60 

John  Bloodgood,  (one  oj  the  grand  jurors)  sworn. 

Q.  Did  Mr.  Burtus  communicate  to  you  wliat  Mr.  Sickles  had 
told  him  of  some  tickets  being  out  of  the  wheel  ? 

A.  He  did. 

Q.  When? 

A.  The  drawing  was  then  nearly  done. 

Q.  Are  you  in  habits  of  intimacy  with  Mr.  Burtus  ?     A.  Yes. 

Q.  Have  you  ever  seen  tickets  in  Mr.  Sickles'  possession 
during   the  drawing  of  a  lottery  ? 

A.  Yes,  in  the  third  class  of  the  Medical  Science  Lottery. 

Q.  How  many  ? 

A.  Three  or  four  in  number. 

Q.  Were  any  of  those  numbers  insured  ? 

A.  In  that  lottery  number  14236  was  insured  to  a  large 
amount,  fifteen  or  sixteen  hundred  dollars  ;  and  it  came  out. — 
Mr.  Burtus,  now  deceased,  had  insured  ;  and  he  thought  there 
was  something  wrong. 

Q.  It  came  out  ? 

A.  Yes.  And  14265,  14279,  14234,  all  came  out  the  last 
day's  drawing. 

Q.  Were  all  these  insured  ? 

A.  Mr.  Burtus  had  been  applied  to,  to  insure  them  all. 

Q.  And  were  these  three,  those  which  you  saw  in  Mr.  Sickles' 
possession  ? 

A.  Yes.  I  had  a  memorandum  of  the  numbers  before  he 
showed  them,  fori  suspected  them.  Mr.  Sickles  told  Mr.  Bur- 
tus that  he  had  found  them  on  the  floor  under  the  wheel. 

Q.  Did  he  say  when  he  had  found  them  ? 

A.  He  told  Ml*.  Burtus  he  had  found  them  that  day.  It  was 
a  day  or  two  before  the  close  of  the  drawing. 

Q.  Did  one  of  those  tickets  draw  a  prize  ? 

A.  Yes,  the  second  of  them  drew  ^10,000, 

Q.  Who  bought  that  one  ? 

A.  I  believe  Capt.  Wiswall,  of  Qjpe  of  the  steamboats,  bought 
it  for  a  gentleman  up  the  river,  a  Mr.  Livingston. 

Being  cross-examined,  he  says,  he  saw  Mr.  Sickles  come  with 
the  numbers  to  Mr.  Burtus  before  the  tickets  were  drawn,  and 
he  showed  the  numbers  which  he  said  he  had  found.  Ap- 
plication had  been  made  to  Mr.  Burtus  to  insure  those  numbers 
to  stay  in  till  the  last  day.  The  witness  supposes  that  Mr. 
Sickles  came  to  Mr.  Burtus  with  good  motives ;  though  wit- 
ness thought  it  was  very  incorrect  to  do  as  Mr.  Sickles  had  done. 

Q.  By  Mr.  Jay.  Was  your  confidence  in  Mr.  Sickels  shaken 
by  what  he  did  ? 

A.  It  was.  And  I  told  Mr.  Burtus  at  the  time  that  I  did  not 
wonder  that  Mr.  Judah  run  so  high  on  the  low  numbers. 


6.1 

Q.  Are  not  the  low  numbers  generally  run  upon  more  than 
O.thers  ? 

A.  Yes. 

Q.  Why? 

A.  I  don't  know  how  to  account  for  it ;  but  such  is  the  prac- 
tice ? 

Q.  What  do  you  call  low  numbers  ? 

A.  From  one  to  a  hundred,  arc  more  insured  on  than  those 
which  are  higher. 

Q.  Did  Mr.  Judah  insure  much  on  the  low  numbers  of  that 
lottery  ? 

A.  Yes,  he  had  four  or  five  thousand  dollars  on  them. 

Q.  By  the  Court.  The  insurance  is  made,  I  understand,  that 
the  ticket  will  not  come  out  ? 

A.  Yes. 

Q.  And  if  it  does  come  out  the  insurer  loses  ?     A.  Yes. 

Q.  Did  Mr.  Judah  insure  so  high  that  he  might  lose  two  ox 
three  thousand  dollars  on  one  of  the  low  numbers  ? 

A.  Yes,  He  might,  I  suppose,  if  it  had  come  out. 

[Thedefendant,s  counsel  here  rested  his  defence — Other  wit- 

sses  were  thereupon  called  for  the  prosecution.] 

General  Johnson,  sworn  in  behalf  of  the  People. 

He  says  he  has  been  a  manager  in  all  these  lotteries.  The 
general  mode  of  conducting  the  drawing  is  for  one  manager  to 
sit  at  each  wheel  and  one  in  the  centre  between  them  ;  at  least 
this  ought  to  be  the  case,  three  ought  to  attend  ;  though  it  has 
frequently  happened  that  only  two  managers  were  present.  Mr. 
Sickles  has  generally  officiated  at  the  number  wheel ;  and  wit- 
ness has  understood  that  he  so  officiates  in  the  place  6f  the  Al- 
bany managers.  He  was  never  appointed  by  the  witness  ;  he 
is  not  sworn,  and  gives  no  bond.  He  has  served  in  the  former 
lotteries  without  bond  and  without  oath.  Witness  has  alwayr. 
had  the  highest  confidence  in  him  till  lately,  and  never  doubted 
his  honesty  until  after  the  present  clamors  were  raised  ;  has 
since  been  doubtful  on  the  subject.  Witness  has  attended  every 
drawing  of  the  present  lottery.  Believes  the  stationary  prize^i 
to  have  been  all  fairly  drawn  in  this  lottery.  Witness  drew  in 
Mr.  Kent's  stead  in  the  Fourth  Class  ;  knows  nothing  about 
the  drawing  of  the  Owego  lottery.  Mr.  M'Lcan  has  been  ab- 
sent a  great  deal  from  the  drawing.  Doctor  Mitchell  and  the 
witness  have  attended  more  than  the  other  managers.  Witness 
never  sat  at  the  number  wheel  ;  has  observed  more  than  one 
number  out  of  the  wheel  at  a  time,  and  particularly  at  the  blank 
and  prize  wheel ;  has  s(,en  this  happen  when  Doctor  Mitchell 
was  at  the  wheel.  Recollects  the  accident  that  occurred  to  Mr. 
Kent,  who  went  to  Morrissania,  after  the  close  of  the  day's  draw- 


ii2 

ing,  to  see  the  late  Mr.  Morris  and  there  found  a  ticket  in  iiLs 
clothes.  The  ticket  was  al'ierwards  put  into  the  wheel.  Tick- 
ets that  have  been  found  out  of  the  wheel  have  always  been  put 
back  when  the  managers  knew  any  thing  about  it. 

Q.  By  Mr.  Jay.  How  are  the  tickets  prepared  for  the  wheel  ? 

A.  Mr.  Sickles  has  generally  brought  the  numbers  done  up  in 
bundles  of  a  thousand.  They  are  afterwards  counted  and 
put  into  a  tub. 

Q.  The  managers  assist  in  counting  ?     A.  Yes. 

Q.  Have  there  been  instances  of  tickets  being  found  on  the 
floor .? 

A.  Yes,  several.  We  always  take  care,  however,  to  get  eve- 
ry thing  into  the  wheel  before  drawing. 

Q.  Who  prepares  the  tickets  at  first  ? 

A.  The  managers  had  a  meeting  before  the  Medical  Science 
Lotteries  were  drawn,  and  they  then  agreed  with  Mr,  Sickles 
to  prepare  the  lotteries  for  them  by  contract,  at  ^36  a  thousand. 
After  the  first  class  was  drawn,  other  persons  applied,  but  Mr. 
Sickles  was  still  retained  by  the  managers,  at  the  instance  of 
Doct.  Mitchell,  and  has  been  continued  in  their  employ  ever 
since. 

Q.  Did  the  contract  with  Mr.  Sickles  authorize  him  to  sit  at 
the  wheel  ? 

A.  No. 

Q.  You  have  been  constantly  present  at  the  drawing  ? 

A»  1  have  been  absent  a  few  days  by  reason  of  sickness,  and 
^hen  my  brother  attended  in  my  place. 

Q.  How  has  the  boy  appeared  to  conduct  himself  ? 

A.  Well,  always,  I  have  had  the  fullest  confidence  in  hini. 
and  never  knew  any  reason  to  discharge  him. 

Q.  Were  there  any  complaints  made  against  Mr.  Sickles  be- 
fore this  buzz  was  raised  ? 

A.  Never. 

Q.  Were  you  present  when  15468  was  drawn? 

A.  Yes.     I  saw  nothing  unusual.     I  was  silting  at  the  table. 

Q.  Did  you  attend  to  the  drawing  ? 

A.  It  was  utterly  impossible  for  me  to  examine  constantly  the 
mode  of  drawing  at  the  wheel.  I  sat  at  the  files,  and  had  quite 
enough  to  do  to  repeat  the  numbers  and  stick  them  on  the  files. 

Q.  Was  there  any  other  manager  present .'' 

A.  \  am  not  quite  sure,  but  believe  there  were  three  present 
^in  all,  Doct.  Mitchell,  Mr,  M-Lean  and  myself. 

Q.  Did  Mr.  Sickles  then  officiate  1 

A.  Yes,  though  there  were  three  managers  present  ? 

Q.  Was  there  any  complaint  respecting  that  number  at  the 
time  ? 


63 

A.  None  at  all.  The  next  drawing,  however,  there  being 
then  some  noise  about  it,  the  files  were  examined. 

Q.  General  Johnson,  was  15468  soiled  ? 

A.  It  did  not  appear  to  be  soiled  as  if  worn  in  the  pocket. 
That  is  what  the  managers  have  declared,  and  I  wish  to  confine 
myself  to  that. 

Cross-examined,  by  Mr,  Hoffman. 

Q.  You  wish  to  confine  yoiu'self  to  the  managers'  certificate  ? 

A.  Yes.  It  was  their  opinion  that  it  had  not  been  soiled  in 
the  pocket.     It  was  soiled,  but  they  thought,  not  in  the  pocket. 

Q.  General  Johnson,  did  you  ever  consider  it  derogatory  to 
expose  your  hand  in  drawing  the  stationary  prizes  ? 

A.  Never;  and  I  never  heard  of  the  agreement  mentioned 
here  on  that  subject,  till  to-day. 

Q.  Do  you  recollect  several  numbers  having  been  picked  up 
by  the  boys  under  the  platform  ? 

A.  Yes,  it  was  the  day,  or  day  but  one,  before  the  last  day's 
drawing. 

Q.  Was  there  ever  any  explanation  about  the  tickets  given^ 
you  by  Mr.  Sickles  as  having  been  found  by  the  boys  ? 

A.  No. 

Q  When  the  tickets  are  counted  for  the  wheel,  docs  Mr. 
Sickcis  count  also  with  the  managers  ? 

A.  Yes,  he  counts  also. 

Q.  And  the  managers  do  not  count  after  him  1 

A.  No.  they  trust  to  his  counting. 

Q.  The  three  numbers  before  mentioned — were  they  put  into 
the  wheel? 

A.  Yes,  they  were  put  in  previous  to  the  last  day's  drawing. 

Q.  Did  Mr.  Sickcis  ever  inform  the  managers  that  he  had 
found  ten  tickets  in  a  crack  ? 

A.  No  ;  I  never  heard  of  it  till  the  defendant's  publications 
were  made. 

Q.  But  did  not  they  find  ten  tickets  on  the  floor  ? 

A.  There  were  ten  found,  which  wci-e  afterwards  put  into  the 
wheel. 

Q.  Were  they  in  a  bundle  ? 

A.  They  were. 

Q.  What  did  the  managers  think  of  it  ^ 

A.  It  was  thought  a  mere  accident. 

Q.  The  tickets  are  put  up  in  thousands  ? 

A.  Yes,  in  thousands,  hundreds  and  tens. 

Q.  And  those  bundles  which  Mr.  Sickles  hands  to  the  mana- 
gers as  counted,  they  don't  count  after  him? 

A.  No. 

Q-  Sujipose  three  tickets  were  to  drop  on  the  floor,  would  no 


64 

it  be  extraordinary  for  them  all  to  be  nearly  of  the  same  num- 
ber. 

A.  I  can't  say. 

Q.  Did  you  ever  authorize  the  publication  made  by  Tunis 

Wortman  on  this  subject  ? 

A.  No,  never — The  witness  then  endeavoured  to  explain  how 
tickets  may  have  been  soiled.  He  said  the  boys'  knives  were 
often  dnll,  and  they  <"requently  drew  the  ticket  two  or  three  times 
through  their  fingers  to  strip  the  thread  off;  and  witness  suppo- 
ses  the  soiling  may  have  arisen  in  that  way.  As  to  the  examina- 
tion made  by  Mr.  Fay  and  others,  at  the  Hall,  witness  said  it 
was  made  towards  evening,  when  the  sun  was  shining,  however, 
on  the  opposite  buildings.  He  says,  also,  that  it  has  never 
been  in  Mr.  Sickels'  power  to  get  tickets  out  of  the  wheels,  ex- 
cept at  the  drawings,  without  breaking  locks  and  seals.  Wit'- 
ness  kept  the  key,  and  carried  it  regularly  with  him  to  Brooklyn 
every  night  but  one. 

Q.  How  long  did  the  examination  of  Mr.  Fay  and  others  con- 
tinue ? 

A.  From  ten  to  twenty  minutes. 

Moss  Kent  sworn. 

Says  he  has  attended  the  present  drawings  five  or  six  weeks  past, 
"but  not  till  after  the  ninth  day.  He  attended  the  drawing  in 
1816,  and  one  day  after  the  day's  drawing  was  over,  he  went  to 
Morrisania,  where,  on  going  out  of  doors,  a  number,  to  his  great 
surprise,,dropped  from  among  his  clothes.  This  number  was  af- 
terwards restored  to  the  wheel.  No  suspicion  existed  at  the 
lime  that  it  was  any  thing  more  than  a  mere  accident.  There 
was  no  secrecy  about  the  thing  among  the  managers.  It  was 
thought  fortunate  that  the  ticket  was  found  and  not  utterly  lost. 
As  to  Mr.  Sickles  being  employed  as  a  substitute  for  the  witness, 
he  says  that  wanting  to  go  to  Washington,  in  1816,  to  attend  the 
session  of  Congress,  Mr.  Sickles  was  recommended  as  a  pro- 
per person  to  assist  in  his  absence  ;  and  witness  heard  on  his  re- 
turn in  the  spring,  that  Mr.  Sickles  had  been  occasionally  cm- 
ployed  in  his  place.  Witness  gave  Mr.  Sickles  g550  which  he 
received  with  reluctance,  for  his  services  thus  rendered.  Never 
supposed  there  was  any  fraud  in  relation  to  the  conduct  of  the 
lottery  ;  nor  ever  heard  of  any  thing  of  the  kind  till  the  publi 
cations  lately  made.  Says  Mr.  Sickles  has  retired  of  his  own 
accord,  from  the  drawing  of  the  present  lottery.  The  boys  now 
strip  their  arms.  Never  heard  of  any  agreement  among  the  ma- 
nagers, about  its  being  dei-ogatory  for  them  to  show  their 
hands.  And  never  heard  often  tickets  being  foundin  a. crack, 
till  it  was  mentioned  in  the  newspapers. 


65 

Docl.  Samuel  L.  Mitchell  szoorn. 

Says  he  has  not  attended  the  drawing  every  day  ;  but  believes 
he  was  there  on  the  9th  day  ;  and  thinks  he  was  at  the  blank 
and  prize  wheel.  Matters  went  on  as  usual.  Nothing  remark- 
able occurred  to  witness.  There  were  no  complaints  at  the 
lime.  He  says  tickets  have  sometimes  fallen  on  the  floor,  and 
several  have  sometimes  been  drawn  out  of  the  wheel  together  ; 
but  he  considers  these  accidents  as  natural  and  unavoidable  in 
drawing  so  many  tickets  in  quick  succession.  He  says  the  tick- 
ets are  tied  up  like  ballots.  Boys  are  selected  to  draw  them,  as 
being  of  an  age  old  enough  to  obey  what  they  are  directed  todo, 
and  yet  too  young  to  be  guilty  of  the  tricks  and  wickedness  of 
manhood.  Accidents  occur  unavoidably.  A  man  will  sometimes 
take  out  of  his  pocket  two  bank  notes,  or  two  pieces  of  money, 
when  he  means  to  take  but  one.  Witness  has  done  that  on  ship- 
board and  lost  his  money  by  dropping  it  over,  when  he  certain- 
ly didn't  intend  it.  Witness  never  suspected  the  boy,  Ten- 
brook,  who  has  recently  been  withdrawn  from  the  wheel,  by 
his  grand-father,  Mr.  Sickles,  and  who  is  still  deemed  an  ex- 
emplary boy.  Witness  relates  the  story  respecting  the  man 
having  offered  him  a  bribe,  and  that  Mr.  Denniston  gave  the 
boy  a  ticket  to  carry  to  him,  and  the  next  day  the  man  was  de- 
tected and  publicly  exposed.  The  boy  acted  magnanimously 
in  detecting  him.  Witness  says  there  were  no  complaints  about 
the  sleeves  used  at  the  wheels  till  lately.  The  sleeve  had  been 
long  in  use  ;  but  has  recently  been  thrown  aside,  out  of  regard 
to  what  has  seemed  to  be  the  wish  of  some  people.  Witness  re- 
collects some  conversation  about  altering  the  practice  of  draw- 
ing the  stationary  prizes — but  no  rule  was  ever  made  upon  the 
subject. 

Q.  By  the  Court.  Had  Mr.  Sickles  any  authority  to  sit  at  the 
wheel. 

A.  He  was  allowed  to  sit  in  behalf  of  certain  absent  managers. 
He  only  performed  that  function.  He  was  not  otherwise  entrust- 
ed than  for  that  purpose.     He  did  not  keep  the  keys. 

Q.  By  Mr.  Jay.  Did  you  examine  the  soiled  ticket  i* 

A.  I  did. 

Q.  And  what  is  your  account  of  it? 

A.  The  result  was  that  it  was  not  soiled  in  such  a  way  as  to 
be  the  basis  for  a  charge  of  fraud,  and  that  is  my  opinion  now. 

Q.  How  did  the  soiling  arise  then  ^ 

A,  It  might  have  arisen  from  the  fingers  of  a  dozen  men  who 
got  hold  of  it  before  I  did.  The  tickets,  also,  have  many  of  them 
bc^n  long  printed.  [The  witness  went  into  the  particulars  as 
to  the  manner  of  printing  and  keeping  the  ticket-sheets  at  the 
warehouse  where  they  arc  obtained.']  They  mav  have  been 
9 


66 

soiled  from  lying  on  the  shelf,  or  from  the  tiii;r«'rs  of  the  person? 
who  roll  tliem  up,  or  it  may  be  by  the  handling  of  the  boys  at 
the  wheels.     They  undergo  a  variety  of  manipulations. 

Q.  By  the  Coi/rf.  But  all  the  tickets  undergo  the  same  num- 
ber of  manipulations,  Doct.  do  they  not  ? 

A.  Yes.  sir.  But  then  one  pei'son  may  take  inufr(I  sometimes 
take  a  pinch  myself.)  and  one  may  chew  tobacco  ;  and  so  some 
may  get  more  soiled. 

Isaac  Dennhtnv.  srcnni. 

Says  he  is  a  manager,  and  has  been  in  former  lotteries ;  but 
has  not  attended  the  present  drawing  till  after  the  ninth  day's 
drawing.  He  says  Mr.  Sickles  has  served  as  an  assistant  man- 
ager by  consent  of  the  managers.  Witness  arrived  in  New- 
York  on  the  18lh  of  Sept  from  Albany,  and  was  then  informed 
about  th?  dream  of  Mr.  Judah  Sic.  Witness  examined  the  num- 
ber 15  168  on  the  file  :  it  was  somewhat  soiled  ;  it  had  not  any 
mark  of  the  thread  about  it.  Witness  has  usually  done  his  pro- 
poi'tion  of  the  drawing  ;  and  he  commonly  sits  at  ihe  number 
wheel.  The  management  about  having  the  stationary  prizes 
drawn  by  the  managers  themselves,  was  made  without  witnesses* 
knowledge,  and  before  he  arrived  in  town,  during  the  drawing 
of  the  Fourth  Class  of  the  "Medical  Science  Lottery.  Witness 
after  such  arrival  was  going  to  prepare  the  boy's  arm  as  former- 
ly, when  Mr.  M  Lean  prevented  him  and  told  him  of  the  new 
arrangement.  Says  he  had  no  concern  in  the  Ovvego  Lottery, 
except  that  he  had  purchased  ten  tickets  ;  that  one  of  these 
tickets  drew  the  §535,000  prize  ;  that  he  bought  the  tickets  o( 
Mr.  Ogdcn  ;  has  no  knowledge  of  that  prize  being  unfairly 
drawn  ;  never  communicated  with  Mr.  Sickles  about  it  till  after- 
wards ;  that  Mr.  Sickles  had  no  interest  in  the  ticket  in  any 
way  whatsoever.  Witness  lent  Mr.  Sickles  ,^2000  of  the  prize 
money,  and  that  was  all  the  interest  Mr.  Sickles  ever  had  in  it. 
Cross-examined  by  Mr.  Hoffman. 

Q.  Did  you  lend  Mr.  Sickles  no  more  than  g2000oftbat 
money?     A.  No. 

Q.   Who  paid  the  prize  1 

A.  It  was  sold  to  Mr.  Ogden,  deducting  the  interest  of  fifteen 
per  cent,  from  the  amount  ? 

Q.   Did  not  Messrs.  Allen's  pay  the  money  ? 

A.  1  received  Mr.  Allen's  check  from  Mr.  Ogden  in  payment. 
I  received  two  checks,  one  for  ^9250  and  (he  other  for  ;^  10,000. 

Q.  Did  not  Mr.  Sickles  receive  part  of  this  money  ? 

A.   He  had  ;$2000  out  of  it,  by  way  of  loan. 

Q.   Has  that' been  re[)aid  ?     A.  No;  the  time  is  not  yet  our. 

Q.  Did  he  recetve  no  more '/ 

A.  He  collected  owe-  of  the  checks  for  mf?. 


67 

Q.  How  did  that  happen  ? 

A.  The  check  did  not  fall  due  till  I  left  town,  and  I  pequesb 
ed  Mr.  Sickles  to  receive  it  for  me. 

Q.  When  were  the  checks  payable  ? 

A.  One  of  them,  being  for  the  ^9250,  was  at  twenty  days,  and 
the  other  at  twenty  days  after  the  conclusion  of  the  drawing, 
which  was  on  the  20th  of  September.  The  first  check  was  left 
with  Mr.  Sickles. 

Q.  Has  he  accounted  to  you  for  the  money  ? 

A.  Yes,  except  the  loan  of  ^2000,  which  is  not  yet  due. 

Q.  By  the  Court.  When  did  he  pay  you  the  balance  ? 

A.  He  paid  me,  sir,  at  t)iree  different  periods. 

Q.     W'hcn  did  he  make  the  first  payment  ? 

A.  About  the  first  of  August. 

Q.  When  was  the  second  ? 

A.  About  the  26th  of  September — and  the  last  was  about  the 
first  of  October. 

Q.  What  amount  did  he  pay  you  first  ? 

A.  J^2000,  the  second  was  3000. 

Q,  By  Mr.  Hoffman.  Mr.  Denniston,  was  not  Mr.  Sickles 
(he  half-owner  of  that  prize  .'*     A.  No,  sir,  he  was  not. 

Q.  Hiid  he  no  interest  in  it.'*    A.  None  whatever. 

Q.  Mr.  Denniston,  have  you  never  declared  that  you  were 
only  half-interested  in  that  lickei  ?     A.  Yes,  1  have. 

Q.  Who,  sir,  was  interested  in  the  other  half/ 

IViiness.  Mr.  Hoffman,  1  have  answered  you  tairly  and  fully 
in  every  thing  you  have  asked — but  that  is  a  question  which  I 
do  not   think  1  am  bound  to  answer. 

Mr.  Hoffman.  Yes,  Mr.  Denniston,  you  must  answer  it. 

[Mr.  Wells  here  addressed  the  court,  in  several  remarks,  al- 
leging that  the  question  was  one  of  mere  idle  curiosity,  that  it 
was  aside  from  the  merits  of  the  case,  and  that  if  such  liberties 
might  be  taken,  in  examining  a  witness,  it  was  impossible  to  say 
by  what  limits  the  counsel  were  to  be  confined.  Mr.  Ogdcn 
rose  to  reply  to  Mr.  Wells — but  his  Honor,  the  Mayor,  declined 
hearing  any  argument  on  that  side.] 

Court.  Counsel  are  not  always  to  be  confined  to  questions  that 
are  precisely  in  point  as  to  the  merits  ;  but  you  may  ask  other 
questions  in  order  to  try  the  credit  of  a  witness.  Mr.  Denniston 
stands  here  like  any  other  witness,  and  subject  to  the  same 
treatment.  The  question,  however,  is  not,  in  my  judgment, 
irrelevant.  If  it  is  a  matter  worthy  of  enquiry,  whether  Mr. 
Sickles  was  interested  in  that  prize  then  we  are  not  bound  to 
lake  a  witness's  mere  ipst  dixit  in  the  negative.  A  witness  has 
no  right  to  say,  I  will  conceal  a  part  of  the  testimony,  because  I 
have  a    caprice  to  do. so.     ^  \rr\  his  Honor  here  riicd  the  fa- 


68 

mous  case  of  Dr.  Hawkins,  and  dwelt  at  length  on  the  spirit  of 
that  case.]  In  England  ihey  have  carried  it  so  far  that  a  con- 
fession made  to  a  catholic  priest  shall  not  be  held  entitled  to  any 
privilege  in  the  course  of  legal  investigations.  We  do  not  go 
so  far  ;  but  we  only  allow  of  the  suppression  of  matters  of  profes- 
sional confidence. 

[Mr.  Wells  here  rose  to  explain;  ])ut  the  court  stopped  him 
by  saying  that  the  point  was  decided,  and  that  the  witness  must 
answer  the  question.] 

The  witness  then  proceeded  to  answer.  He  said  that  it  had 
been  a  mere  matter  of  delicacy  that  he  had  not  answered  at  first. 
And  he  explained  this  as  follows  :  That  Capt.  Roorbach  was 
the  person  who  brought  him  the  news  of  his  good  fortune  in  the 
drawing  of  the  prize  ;  that  after  the  news  was  received,  the 
witness  walked  the  floor  for  sometime,  and  at  length  took  the 
resolution  of  concealing  the  fact  that  he  was  the  sole  owner  of 
the  prize  ;  and  he  resolved  upon  this  for  the  sake  of  his  family, 
upon  the  ground  that  he  had  a  number  of  poor  relations,  who, 
lie  apprehended,  would  apply  to  him  for  the  money  if  they  should 
know  he  had  it,  and  would  borrow,  or  otherwise  gel  it  from  him. 
And  having  formed  this  resolution,  the  witness  informed  Capt. 
Roorbach  that  only  half  the  prize  belonged  to  him.  Witness 
said  that  he  had  been  afterwards  obliged  to  go  in  public  and 
declare  that  he  owned  only  half,  and  that  he  had  made  such  de- 
claration frequently,  though  he  was  sensible  that  in  doing  so  he 
had  said  what  was  not  correct. 

Q.  By  Mr.  Hoffman.  You  told  Mr.  Gilchrist  that  you  owned 
but  half,  did  you  not  ? 

A.  Yes,  and  hundreds  of  others. 

Q.  What  did  you  do  with  the  ^10,000  check  ? 

A.  I  put  it  into  the  Mechanic's  Bank  of  Albany. 

Q.  By  the  Court.  Did  you  ever  mention  to  any  body  the  ex- 
planation you  have  now  given  of  your  conduct  respecting  the 
prize  ticket  ? 

A.  I  mentioned  it  to  Capt.  Roorbach,  and  told  him  the  rea- 
sons why  I  had  acted  as  I  did. 

Q.   When  was  ihat  ? 

A.  1 1  was  long  before  there  was  any  of  this  noise  about  lot- 
teries. 

Q.  Why  did  you  mention  it  to  him  ? 

A.  Because  he  was  charged  Avith  owning  one  half  of  the  prize. 
The  witness  further  said  that  he  had  never  heard  of  any  agree- 
ment a'oout  its  being  derogatory  to  the  managers  to  show  their 
hands  in  taking  out  the  stationary  prizes;  that  he  was  the  manager 
whog!ivc  a  ticket  to  the  boy  to  whom  the  bribe  was  offered,  in 
order  tiiat  he  might  show  it  to  the  man  who  had  offered  the  bribe ; 


69 

that  he  followed  the  boy  when  he  went  to  show  the  ticket ;  that 
the  number  of  the  ticket  was  taken  down  when  given  to  the  boy  ; 
that  when  the  villain  was  detected,  witness  gave  him  the  option 
to  be  voluntarily  searched,  or  to  go  to  Bridewcl  ;  tliat  the 
man  submitted  to  be  searched  ;  that  tvvo  or  three  policies  were 
found  upon  him  ;  that  he  was  exposed  and  discharged  ;  md 
that  every  body  at  the  time  approved  of  the  proceeding — The 
witness  also  stated  that  he  was  a  perfect  stranger  to  the  mana- 
gers of  the  Owego  Lottery;  and  he  repeated  that  his  only  mo- 
tive for  concealing  the  fact  of  his  being  the  sole  owner  of  the 
prize,  was  to  keep  the  knowledge  of  it  from  his  needy  relations 
who  might  otherwise  importune  him  for  the  money.  ' 
Stephen  Price,  sworn. 

Says  he  was  foreman  of  the  grand  jury  who  found  the  indict- 
ment ;  that  l\lr.  Denniston  told  him  privately  that  he  was  sole 
owner  of  the  prize  in  the  Owego  lottery,  and  had  kept  the  fact 
concealed  for  the  purpose  of  making  good  the  amount  of  a  lega- 
cy which  had  been  given  him  or  his  family,  a  part  of  which  had 
been  squandered. 

Q.  By  Mr.  Hoffman,  What  did  3Ir.  Sickles  say  before  the 
grand  jury  ? 

[Here  Mr.  Wells  objected  that  IMr.  Sickles  was  himself  to  be 
examined  as  a  witness  in  the  cause,  and  that  this  kind  of  inquiry 
was  improper.     Mr.  Ogdcn  replied. 

Coiirt.  This  is  a  libel  which  charges  fraud  against  Mr. 
Sickles  and  others-  The  defendant  says  there  is  fraud.  We 
are  now  enquiring  into  that  fact.  We  have,  on  this  princi- 
ple enquired  into  the  conduct  of  the  managers  themselves. — 
Suppose  one  of  them  had  confessed  what  would  be  sufficient  to 
justify  the  allegations  of  the  defendant.  The  circumstance  of 
its  being  said  before  a  grand  jury  makes  no  difTcrencc.] 

Q.  What  did  Mr.  Sickles  say  about  his  having  found  tickets 
in  a  crack  of  the  floor  ? 

A-  He  said  that  in  a  former  class  of  this  lottery,  on  the  day  or 
day  but  one  before  the  last  of  the  drawing,  under  the  place  where 
the  wheel  was,  he  saw  something,  which,  on  picking  it  up,  was 
found  to  be  a  ticket,  and  that  on  further  investigation  there  were 
found  to  be  ten  secreted  there. 

,Q.  He  said  he  had  been  present  at  this  discovery  ^ 

A.  He  said  so,  and  that  the  tickets  were  found  near  where 
the  wheel  stood,  in  a  crack. 

Q.  How  did  he  pretend  to  account  for  it  ? 

A.  His  account  of  it  was,  that  some  person  must  have  taken 
away  a  bundle  from  his  house  when  the  lottery  was  making  up, 
and  that  fuiding  he  could  make  no  use  of  them,  he  had  put  them 
in  that  crack. 


Q.  Did  he  say  tlicy  belonged  to  llie  wheel  ? 

A.  It  was  understood  that  they  did,  and  that  they  were  in  fact 
put  into  the  wheel. 

Captain  Arthur  H.  I'oorbach,  sworn. 

Says  Mr.  Denniston  never  told  him  in  terms  the  reason  of  his 
concealing  that  he  was  the  sole  owner  of  the  prize  in  the  Owe- 
^o  lottery,  but  said  what  the  witness  understood  to  be  the  reason 
as  stated  in  Mr.  Denniston's  testimony  ;  that  the  witness  carried 
the  information  to  Mr.  Denniston  from  !\ir.  Allen  resjiecting  his 
having  drawn  the  prize  ;  that  Mr.  Denniston  paced  the  floor  two 
or  three  minutes,  appearing  to  be  agitated  and  in  deep  thought, 
and  then  said  it  was  strange  that  since  fortune  did  smile,  she 
smiled  by  halves.  The  ticket  was  produced  ;  ^Mr.  Denniston 
came  down  the  next  trip  with  witness  to  New  York.  Witness 
afterwards  asked  him  how  he  came  by  the  ticket ;  and  Mr.  Den- 
niston said  he  came  by  them  in  consequence  of  having  favoured 
Mr.  Ogden  of  New- York  in  some  concerns,  and  that  Mr.  Ogden 
had  forced  the  tickets  upon  him  at  something  less  than  they  were 
selling  at.  From  IMr.  Denniston's  manner,  the  witness  believed 
at  the  time  that  he  owned  the  whole  ticket  ;  and  the  conversation 
between  Mr.  Denniston  and  the  witness  on  the  subject  took 
place  before  the  late  rumours  about  lottery  management  arose. 
James  Heard,  s^oorii.' 

Says  Mr.  Sickles  asked  two  or  three  months  ago  if  he  had 
any  use  for  money,  and  said  he  had  two  or  three  thousand  dol- 
lars of  Mr.  Denniston's  money  in  hand  which  would  not  be  call- 
ed for  in  some  time.  Witness  at  first  declined  receiving  an)', 
but  afterwai-ds  accepted  the  offer.  And  after  Mr.  Denniston 
came  into  town.  Mr.  Sickles  called  on  witness  for  the  money,  and 
it  was  paid  to  Mr.  Denniston. 

The  Court  here  adjourned  fur  one  hour — and  at  half  past  5 
v.  M.  the  jury  were  again  called,  and  the  trial  proceeded. 
George  JVaite  sworn. 

Says  he  has  printed  the  tickets  for  seven,  eight  or  nine  lotte- 
ries |)ast.  The  practice  is  to  print  an  entire  set,  and  then  after- 
wards, as  any  parts  become  deficient,  to  reprint  those  parts  ;  so 
that  the  tickets  of  a  lottery  are  sometimes  partly  taken  from 
the  fresh  sheets  and  partly  from  old  ones. 

[A  specimen  of  old  sheets  was  exhibited  in  court.] 

Q.  How  long  should  you  say  these  have  been  printed  ? 

A.  Seven  or  eight  years. 

Q.  How  long  have  the  tickets  of  the  present  lottery  been 
printed  ? 

A.  A  grf-at  while. 

Q'  By  Mr.  Co///h5,  (Juror)  Do  you  make  use  of  any  sheet? 
*I;at  have  becii  damaged  or  stained  ? 


71 

V 

A.  Those  are  commonly  thrown  out. 

Q.  By  Mr.  Jay,  When  have  you  printed  any  deficient  sheets  ? 

A.  There  were  some  imperfections  printed  five  or  six  years 
ago. 

Q.  How  long  since  you  printed  an  entire  set.'' 

A.  Not  for  many  years. 

Q,  Are  the  sheets  put  up  in  drawers  or  kept  upon  shelves  ? 

A.  Kept  on  shelves. 

Cross  examintd  by  Mr,  Hoffman. 

Q,  Who  brought  these  sheets  here  ? 

A.   I  don't  know. 

Q.  Do  you  know  whether  number  15468  or  30  was  in  the  out- 
side sheets  ? 

A.  I  don't  know. 

Jeremiah  I .  Drake  sroorn. 

Says  he  was  one  of  those  gentlemen  who  examined  the  soiled 
tickets.  Mr.  Fay  and  Mr.  Allen  were  the  others.  Witness  went 
to  the  room ;  Mr.  Fay  was  then  examining  ;  witness  staid  and 
saw  J\lr.  Fay  examine  ;  Mr.  Fay  didn't  succeed  in  finding  the 
ticket  ;  Mr.  Woodruff  then  offered  to  make  a  bet  that  he  could 
pick  it  out;  and  while  he  was  examining,  another  gentleman 
took  up  the  ticket  and  threw  it  near  where  JMr.  Woodruff  was. 

Q.  By  Mr.  Jay.  Then  W^oodrufl's  examination  was  a  mcie  fi- 
nesse  ? 

A.  Yes,  so  1  considered  it  at  the  time. 

Q.  And  this  was  15468  ? 

A.  Yes.  I  didn't  examine  the  others  till  afterwards. 

Q.  What  time  of  day  was  it  ? 

A.  About  sunset. 

Q.  Were  the    tickets  soiled  ? 

A.  I  could  distinguish  that  there  was  a  difference  between 
them  and  the  other  tickets.  1  turned  up  several  of  the  $30 
prizes,  however,  and  found  them  more  soiled  or  dark  than  the 
ethers. 

Q.  Did  Mr.  Fay  then  complain  that  the  light  was  insufiiciont  ? 

A.  He  said  it  was  not  a  fair  test. 

Cross  examined  hy  Mr.  Hoffman. 

Q.  Were  you  counsel  for  Mr.  Judah  at  that  time  ? 

A.  No,  but  I  have  been  since  in  relation  to  some  iriilictmenl?. 

Q.  You  «aw  Mr.  Fay  and  Mr.  Baldwin  afterwards  ? 

A.  Yes,  several  times. 

Q.  Did  you  not  ask  i\Ir.  Fay  to  sign  a  certificate  that  he 
was  satisfied  ? 

A.  No,  I  talked  with  him  about  it. 

Q.  Did  you  not  refuse  to  sign  such  a  cerducate  yourself  ? 

A.  I  did  not  ui^hniy  name  luade  \\-<e  of  b-.'fore  the  tiubii'  . 


72 

Q.  Have  you  had  any  particular  conversation  with  Mr.  Jjald- 
win  ?         A.  Yes,  sevpral. 

Q.  Did  you  not  object  to  his  making  the  exposure,  on  the 
footing  of  parly  grounds  ? 

A.  1  can't  answer  it  in  that  way. 

Mr.  Hoffman.  Yes,  sir,  but  you  must  answer  it  as  I  put  it 
to  you. 

fVitness.  Mr.  Baldwin,  Mr.  Fay  and  myself,  and  several 
others  wentontby  the  Bridcwel,  and  I  told  thorn,  and  particu- 
larly Mr.  Baldwin,  that  he  had  made  an  improper  charge  of 
fraud,  and  that  he  was  abusing  his  own  political  and  personal 
friends  both.  He  said  he  knew  it,  and  was  sorry  he  had 
got  into  it.  I\Ir.  Denniston  took  Mr.  Fay  apart,  and  then  re- 
turned, and  Mr.  Fay  said  to  Mr.  Baldwin,  you  cannot,  from  your 
knowledge  of  iMr.  Sickles  and  Mr.  Judah,  suppose  them  guilty  of 
fraud.     Mr.  Baldwin  said  he  was  convinced. 

Q,  "  These,  sir,  arc  our  political  friends,  and  we  ought  not  to 
expose  them  before  the  public." — Did  you  not  use  that  phrase  ? 

A.  I  might. 

Q.  By  your  political  friends  you  meant  the  persons  attached 
to  Mr.  Clinton  ? 

A.  Yes,  persons  attached  to  the  state  administration. 

Q.  Before  Mr.  Baldwin  made  his  statement,  did  you  not  state 
to  him  that  the  characters  of  Mr.  Judah  and  Mr.  Sickles  were 
pure  ? 

A.  Yes  ;  my  confidence  was  great  in  them. 

Q.  Didn't  you  tell  Mr.  Baldwin  that  even  if  he  knew  it  to  be 


true,  he  ought  not  to  print  it 

A.  ^^;  I  told  him  it  was  a  foolish  business  for  him  to  be 
abusing  all  his  political  friends  ;  and  Mr.  Baldwin  promised  to 
try  to  get  out  of  it,  and  wished  me  to  write  an  article  for  him 
with  that  view. 

Q.  Did  you  write  it  ? 

A.  I  commenced  but  did  not  finish  it.  Mr.  Baldwin  said  fur- 
ther, at  the  examination,  that  the  numbers  didn't  look  as  bad  as. 
he  thought,  and  that  he  had  published  on  the  ground  of  infor- 
mation he  had  received. 

Q.  By  the  District.  Attorney.  Did  Mr.  Baldwin  appear  to  be 
satisfied  ? 

A.  He  said  he  had  other  proofs  besides  those  connected 
wiih  th'^  ticket  15468. 

Q.  Was  there  not  some  dispute  between  him  and  Mr.  Judah  ? 

A.  Mr.  Judah  complained  of  being  attacked  by  him  when  he 
was  his  friend. 

[Mr.  Van  VVyck  then  produced  and  read  the  article  entitled, 
'•  Error  Corrected."  [See  Introduction,  page  6.J  in  the  Chroni- 


73 

cle  of  the  17th  September,  and  also  another  article  in  the  same 
paper  of  24th  September,  headed,  "  Lotteries."  [See  introduc- 
tion, p.  xii.J 

Q,  By  Mr.  Hoffman.  That  was  after  the  conversation  you 
have  spoken  of,  Mr.  Drake  ? 

A.  I  don't  remember  dates  at  all.  The  conversation  that  I 
alluded  to  was  in  the  evening  of  the  examination. 

Q.  Who  was  present  ?     A.  There  were  several. 

Q.  All  of  the  same  politics  ?     A.  Yes. 

Q.  You  urged  the  thing  with  Mr.  Baldwin  ? 

A.  Certainiy  I  did,  on   the  ground  of  friendship.     Mr.  Fay 
asked  me  if  I  would  sign  ^  paper  to  the  effect  of  that  which  has 
been  read.     The  parties  were  all  to  have  met  at  Mr.  Fay's  of- 
fice for  the  purpose  of  preparing  an  article. 
John  I,  Sickles,  sworn. 

Says  the  paper  just  read  was  written  by  Mr.  Fay  ;  that  Mess. 
Baldwin,  Judah,  Fay,  and  witness,  met  at  Mr.  Fay's  office  ; 
that  witness  then  explained  to  Mr.  Fay  that  his  father's  hand 
had  formerly  been  cut,  so  that  after  some  degree  of  fatigue  in 
drawing  tickets  it  sometimes  drops  down  as  it  comes  from  tke 
wheel,  and  that  it  probably  did  so,  from  that  cause,  in  taking  oat 
the  prize  in  the  Owego  Lottery.  Says  Mr.  Fay  then  told  him 
he  was  satisfied.  The  witness  then  explained  how  the  tickets 
might  have  become  soiled  ;  that  he  and  his  sister  assist  his  fa- 
ther in  rol'ing  the  tickets,  in  doing  which  it  is  necessary  that 
the  fingers  should  be  wet,  and  they  are,  therefore,  frequently 
put  into  the  mouth ;  that  witness  chews  tobacco,  and  his  father 
takes  snuff;  and  the  soiling  may  have  happened  in  this  way. 

Being  cross-examined,  by  Mr.  Ogden.  He  says  that  when  the 
conversation  took  place  at  Mr.  Fay's,  there  had  been  one  exami- 
nation, and  was  to  be  another  ;  that  one  of  the  inducements  for 
Mr.  Baldwin  to  come  out  with  a  publication  to  allay  the  public 
mind  was,  that  the  public  mind  ought  to  be  calmed  before  such 
further  investigation  took  place.  He  understood  from  all  that 
passed,  that  there  was  to  be  an  examination  by  Mr.  Wells,  Mr, 
Emmet,  and  Mr.  Ogden.  The  Attorney  General  and  the  Comp- 
troller's names  were  also  mentioned. 

Moses  Allen,  sworn. 

Says  Mr.  Drake  has  stated  the  examination  correctly,  and 
relates  many  of  the  same  facts  before  stated  on  the  subject.-— 
Witness  thought  at  the  examination  that  Mr.  Baldwin  was  satis- 
fied. [The  soiled  tickets  were  here  exhibited  to  the  witness.] 
Says  the  tickets  appear  now  as  they  did  when  he  first  saw  them. 
[They  were  also  exhibited  to  the  jury.]  Witness  thinks  there 
was  light  enongh  for  the  examination  when  it  commenced  ;  there 
was  a  candle  lighted,  however,   for  the  purpose  of  sealing  up 

10 


74 

ilie  wheel.     Witness  is  a  vender  of  tickets.     He  signed  the  c'ci'" 
tificate. 

Q.  By  Mr.  Hoffman.  Didn't  Mr.  Judah  find  fault  with  a  man 
at  the  examination,  who  said  he  could  pick  out  the  soiled  ticket  ? 
A.  He  said  to  him,  "  What  business  have  you  here  ?" 
Q,  AVhat  were  the  words  used  by  Mr.  Baldwin  respecting  the 
iiokets  not  answering  his  expectation  in  their  appearance  ? 
A.  He  said  they  were  not  as  they  had  been  represented  to  be. 

Abraham  Herring,  sworn. 
Mas  been  a  manager  in  several  lotteries,  a  great  many  years 
ago.     Believes  it  often  happens  that  some  numbers  are  more 
soiled  than  others.  And  he  has  known'"^ome  almost  worn  througl^, 
which  he  thinks  arose  from  turning  them  in  the  wheel. 
John  H.  Sickles,  called. 
[The  court  here  declined  entering,  at  so  late  an  hour,  on  the 
examination  of  this  witness  5  but  proposed  taking  up  the  testi- 
mony of  one  or  more  less  prominent  witnesses  ;  and  by  con- 
sent of  the  counsel  on  the  defence,  several  persons  were  called  to 
testify  as  to  the  character  and  credibility  of  Mr.  Sickles,  whose 
examination  was  to  take  place  in  the  morning. 
Herman  Lt  Roy,  Peter  Schermerhorn.  George  Warner,  Dr.  Wii- 
son,  Rev.  Dr.  Kuypers,  Augxistin  H,  Lawrence,  Elias  JVexsen, 
John  I.Rrowtr,  and  James  Van  Antwerp,  were  severally  sworn. 
And  testified  generally  to  a  very  long  personal  acquaintance 
with  Mr.  Sickles,  during  all  which  time  his  character  had  been 
irreproachable  and  exemplary.     The  counsel  were  proceeding 
to  call  other  witnesses  to  the  same  purpose,  when  his  Honor,  the 
'Mayor,  observed  that  it  was  wholly  needless.     And  the  court 
adjourned  to  meet  again  at  11 ,  A.  M.  the  next  day.] 

[Xovember  I2lh — The  Court  opened  at  11  A.  JM .  and  resumed 

the  trial.'j 
Sylvanus  Miller,  sworn. 

As  to  *Mr.  Sickles'  character,  says  he  has  knolvn  and  been 
intimate  with  him  at  his  house  and  in  his  family  ;  has  known  him 
since  '91 :  does  not  know  a  man  to  whose  oath  he  would  give 
more  credit ;  has  always  considered  him  pious  and  exemplary 
in  an  uncommon  degree. 

Isaac  Denniston,  called  again. 

Says  he  was  a  manager  in  the  Union  College  lotteries,  but 
never  heard  of  the  circumstance  of  number  17  being  wanting  in 
the  third  class,  until  he  saw  it  lately  stated  in  the  newspapers. 
Witness  says  he  used  generally  to  go  home  before  the  close  of 
the  drawing,  but  in  two  classes  was  present  to  the  last.  The 
practice  was  to  count  the  wheeh-  before  the  last  day's  drawing, 


t^ 


75 

and  then  to  make  up  the  deficiencies.  He  says  positively,  thpl 
what  Mr.  Jansen  has  said  about  number  17  is  not  true. 

Q.  By  Mr.  Hoffman.  Was  you  never  concerned  with  Mr- 
Sickles  in  buyino;  tickets  ^ 

A.  Yes.  I  once  bought  50,  and  Mr.  Sickles  took  30  of  them  ? 

Q.  In  what  lottery  ^ 

A.  It  was  in  number  five  of  the  present  lottery. 

Q.  You  bought  50  and  Mr.  Sickles  took  30  ^ 

A.  Yes  ;  but  I  didn't  buy  them  for  myself. 

Q*  For  whom,  then  ? 

A.  I  bought  the  20  for  my  friends  in  Albany. 

Q.  Did  you  tell  any  body  at  the  time,  that  they  were  for  othgr 
persons .'' 

A.  I  believe  I  told  Mr.  Sickles.  Mr.  Waite  bovght  them  for 
us  at  auction.  I  took  20  for  several  of  my  friends  at  Albany  who 
had  requested  me  to  get  some  for  them. 

Q.  Did  you  not  just  now  admit  that  you  had  bought  them 
yourself  ^ 

Witness.   You  put  the  questions,  Mr.  Hoffman. 

Mr.  Hoffman.    I  put  the  questions,  sir,  for  you  to  answer  them. 

A.  Mr.  Waite  bought  them  for  us  at  auction.  I  didn't  keep 
them  ten  days. 

Q.  By  Mr.  Wright,  (juror)  was  you  present  at  the  close  of  the 
drawing  of  Union  College  Lottery  number  three  .'' 

A.  1  think  I  was  not.     Mr.  Jansen  is  certainly  mistaken. 

Q.  By  the  Court.  What  have  the  managers  done  when  there 
were  deficiencies  in  the  wheel  ? 

A.  We  have  supplied  them 

Q.  Did  you  do  this  without  enquiry  ? 

A.  Yes,  we  couldn't  enquire. 

Q.  Did  you  consider  that  a  fair  mode  ? 

A.  My  dear  sir,  where  could  we  enquire  .'* 

Cotirt.  1  don't  know,  but  I  have  no  difficulty  in  saying  that 
lotteries  are  worth  nothing  if  that  be  the  way. 

Q.  By  Mr.  D.  B.  Ogdcn.  Did  you  not  mean  to  say,  that  you 
said  openly,  at  the  time  of  purchasing  those  tickets,  that  you  want- 
ed them  for  a  few  friends  ? 

A.  No,  sir  ;  some  friends  had  desired  me  to  get  a  few  tickets 
for  them,  Mr.  Sickles  wanted  30  ;  and  we  agreed  to  let  Mr. 
Waite  buy  them  at  auction.  More  than  50  could  not  by  law  be 
sold  at  a  time. 

Q.  By  the  District  Attorney.  Did  you  ever  communicate  to 
Mr.  Sickles  that  you  had  tickets  in  the  Ovvego  Lottery  ? 

A.  No.  Mr.  Sickles  knew  that  I  had,  and  that  was  all.  I^ 
was  no  secret.     The  tickets  were  bought  openly. 


76 

Court,  If  the  counsel  do  not  object,  I  propose  to  asTi  the  wit- 
ness some  further  questions. 

Q.  Mr.  Denniston,  did  you  ever  know  of  there  being  a  defi- 
ciency of  a  prize  in  the  blank  and  prize  wheel  ? 

A.  Yes. 

Q.  Did  they  supply  that  in  the  same  manner?     A^  Yes. 

Q.  Did  you  learn  this  from  either  of  the  managers,  or  Mr. 
Sickles  ? 

A.  It  strikes  me  that  I  did. 

Q.  What  was  the  prize  so  put  in  ? 

A.  ^10,000,  the  prize  drawn  by  Mr.  Livingston. 

Q.  Do  you  not  consider  that  if  there  were  fourteen  thousand 
tickets  in  the  wheel,  and  one  of  them  was  missing,  the  chances 
were  all  altered .'' 

A.  Why,  perhaps  they  were. 

Q.  Have  you  understood  from  the  same  source  that  there  have 
been  deficiencies  in  the  number  wheel  ? 

A.  Yes. 

Q.  How  many.''     A-  Never  more  than  two, 

Q.  Do  you  not  consider  that  if  a  man's  number   was  out  of    " 
the  wheel,  his  chance  was  altered  .'' 

A.  Yes,  he  had  no  chance.  ' 

Q.  Have  the  managers  ever  made  any  enquiry  about  those      ^ 
lost  numbers  ? 

A;  I  never  understood  that  they  did,  because  there  is  no 
where  to  make  the  enquiry. 

Q.  Mr.  Denniston,  when  there  are  tloating  prizes,  the  longer     ^ 
one  of  these  keeps  in  the  wheel,  the  longer  the  price  of  tickets 
is  kept  up,  is  it  not  ? 

A.  Yos. 

Q.  Supposing  a  man  ownes  tickets,  is  it  not  his  interest  that 
prizes  should  not  go  into  the  wheel  ? 

A.  Yes. 

Q.  Is  it  your  opinion  that  these  accidents  cannot  be  prevent-  ^ 

ed? 

A.  I  think  if  there  is  a  loss  of  only  one,  it  is  extremely  well. 
John  H.  Sickles  Sworn. 

Says  he  has  put  up  every  lottery  since  1804,  except  two, 
which  were  put  up  in  Albany.  Don't  recollect  more  than  one 
instance  of  accidents  in  putting  the  tickets  into  the  wheel,  and  in 
that  case  it  was  discovered  that  there  was  one  bundle  which  had 
fallen  from  the  table,  and  was  afterwards  found  and  put  int«  the 
wheel.  Never  knew  an  instance  of  the  tickets  falling  short  at 
the  end  of  the  lottery  ;  the  practice  being  to  open  the  wheels 
and  count  and  rheck  them  all  off,  and  supply  the  deficiencies. 
This  is  done  the  day  before  the  last.    As  to  the  extent  of  these 


77 

deliciencies  they  have  in  no  case  exceeiled  two.  This  practice 
of  examining  twe  wheels,  he  says,  has  existed  ever  since  lie  knew 
any  thing  of  lotteries.  Witness  was  a  manager  in  1804,  and  in 
all  the  literature  lotteries,  which  commenced  in  that  year.  Wit- 
ness was  present  when  the  ^10,000  prize  was  deficient.  It  was 
in  number  three  of  the  Medical  Science  Lottery.  It  was  sug- 
gested on  the  day  previous  to  the  last,  that  that  prize  had  not 
come  out;  an  examination  was  then  made  and  that  ticket  sup- 
plied. At  the  same  time  the  witness  positively  declares  that  he 
saw  Doctor  Mitchell  put  that  prize  into  the  wheel  at  witnesses' 
house.  It  was  a  floating  prize.  The  hi^h  prizes  are  generally 
opened  before  they  are  put  into  the  wheel,  to  prevent  mistakes ; 
the  others  are  not  opened  when  they  arc  put  in. 

Q.  By  Mr.  Jay.  What  do  you  know  of  the  tickets  that  were 
found  under  the  stage  ,'' 

A.  That  wants  to  be  explained.  I  stated  to  the  grand  jury 
that  there  were  ten — I  now  think,  on  more  mature  reflection, 
that  there  were  not  so  many.  Near  the  close  of  the  drawing, 
the  boys  found  three  or  four  or  five  tickets  under  the  wheel.  It 
was  three  or  four  days  before  the  close  of  the  drawing  ;  I  don't 
know  exactly  how  many  days. 

Q.  What  was  done  with  those  tickets  ? 

A.  They  were  given  to  me,  I  then  went  and  lifted  up  the  car- 
pet and  found  some  more  in  a  crack. 

Q-  How  many  ? 

A.  I  don't  think  there  were  ten. 

Q.  Did  you  show  them  to  the  managers  ? 

A.  Yes,  I  shewed  them  to  the  managers  and  they  desired  me 
to  keep  them  till  the  last  day's  drawinc;. 

Q.  How  do  you  account  for  the  tickets  getting  there  ? 

A.  I  can't  tell — it  was  said  that  one  of  the  doors  of  the  wheels 
was  burst  open  at  one  time.    I  don't  know. 

Q.  By  the  Court..  How  was  the  bursting  of  the  door  to  gel 
the  tickets  under  the  carpet  ? 

A.  Tiie  wheel  might  have  fallen  off  from  the  stage. 

Q.    Did  you  ever  know  that  happen  ? 

A.  Yes,  but  I  don't  know  that  the  wheel  was  ever  burst  open. 

Q.  What  did  you  think  about  it  at  the  time  ? 

A.  I  suspected  that  there  was  something  improper.  The  wit- 
ness further  states,  that  he  has  conversed  frequently  with  Mr. 
Burtns  on  the  subject,  and  that  Mr.  Burtus  said  he  had  bean  often 
hit,  and  that  there  was  foul  play — Witness  found  that  two  or 
three  of  these  tickets  were  in  the  14,000,  and  he  went  and  told 
Mr.  Burtus,  who  he  believes  suffered  pretty  severely  at  that  lime; 
and  witness  told  him  on  the  same  day  of  the  discovery.  These 
numbers  were  not  those  on  which  Burtus  was  hit.     The  witness 


78 

says  he  showed  the  ticket?  to  the  managers  at  the  time,  oi*  be- 
fore he  went  to  Burtus.  Don't  think  he  explained  to  Mr.  Bur- 
tus  what  the  managers  had  resolved  to  do  with  them,  that  is,  to 
keep  them  out — He  says  the  wheel  was  kept  locked  up  in  a 
closet,  which  had  two  locks,  of  which  one  of  the  keys  was  kept 
by  him,  and  the  other  by  a  manager.  Says  it  was  the  prac- 
tice after  the  drawings  to  sweep  or  examine  the  carpet  ;  but  he 
does  not  know  that  the  sweeper  ever  found  any  tickets — says 
that  in  one  or  two  cases,  one  or  two  tickets  have  been  found 
out,  and  put  the  next  day  into  the  wheel.  Don't  recollect  that 
more  than  one  ticket  was  ever  found  at  a  time  ;  which  would  be 
sometimes  at  the  number  wheel,  and  sometimes  at  the  blank  and 
prize  wheel.  The  tickets  when  found  were  not  opened  but  re- 
served and  put  in  the  wheel  without  opening — says  it  was  not 
usual  to  examine  under  the  carpet. — Witness  never  examined 
between  the  stage  and  the  floor.  The  tickets  he  found  were  in 
the  stage  under  the  carpet,  and  those  found  by  the  boy  were  on 
the  floor  under  the  stage.  Witness  found  the  tickets  about 
eighteen  inches  from  the  edge  of  the  carpet,  between  the  two 
wheels.  Don't  know  of  any  tickets  having  been  found  since 
the  drawing  has  been  in  the  hall.  Has  known  of  two  attempts 
to  bribe  the  boys,  but  don't  know  of  any  of  them  having  been 
bribed  in  fact  ;  and  has  no  reason  to  believe  that  any  of  them 
were  ever  corrupted. — Witness  says  it  sometimes  happens  and 
is  unavoidable,  that  the  boy  draws  more  than  one  ticket  from 
the  wheel  at  a  time. 

Q.  By  the  Court.  Do  you  mean  to  say  the  boy  cannot  take 
out  one  at  a  time  ? 

A.  The  ends  of  the  threads  with  which  they  are  tied  up,  are 
about  half  an  inch  long,  and  by  turning  in  fhe  wheel  they  get  en- 
twined together. 

Q.  By  Mr.  Jay.  Do  you  commonly  see  the  tickets  when 
they  fall  ^ ' 

A,  I  don't  think  there  was  ever  a  ticket  fell,-  without  my  see- 
ing it  at  the  time. 

Q.  The  tickets  are  very  rapidly  drawn,  are  they  not.'* 

A.  The  practice  is  to  draw  100  in  about  eight  or  nine  mi- 
nutes. 

Q.  Does  the  boy  sometimes  get  ahead  of  the  manager.'* 

A.  Frequently.  When  they  are  two  or  three  ahead  they  are 
laid  on'the  knee  of  the  managor  or  on  a  handkerchief. 

Q.  Is  there  any  thing  peculiar  in  your  mode  of  doing  it? 

A.  Nothing  at  all. 

Q.  Did  you  always  call  them  off  in  the  order  in  which  they 
were  thrown  down  by  the  boy  ? 

A.  Yes,  as  nearly  as  I  could. 


79 

Q.  Did  you  ever  call  any  numbers  that  were  not  drawn  from 
the  wheel  ? 

A.  Never. 

Q.  Have  you  any  reason  to  believe  that  1 5468  was  not  Xairly 
drawn  2 

A.  None  at  all  ;  I  have  every  reason  to  believe  it  was  drawn 
from  the  wheel  like  the  others. 

Q.  Have  you  ever  seen  that  ticket  since  ? 

A.  Never  since  it  passed  through  my  hands. 

Q.  Did  you  ever  sec  it  before  it  was  drawn  ? 

A.  Never  after  it  was  put  into  the  wheel. 

Q.  Have  you  any  doubt  that  it  was  put  in  .''     A.  None. 

Q.  Or  any  idea  that  it  was  ever  out  of  the  wheel  afterwards, 
till  it  was  drawn  ?     A.  Not  at  all. 

Q.  Did  you  know  at  that  time  that  any  insurance  had  been 
made  upon  it  ?     A.  No. 

Q.  Had  you  any  connexion  with  Mr.  Judah  respecting  that 
number  .'' 

A.  No,  nor  with  any  body  else. 

Q.  And  had  no  interest  with  him,  or  any  body  else  in  it  ? 

A.  No. 

Q.  Do  you  believe  there  was  any  fraud  in  relation  to  that 
nimiber  ?     A.  I  do  not. 

Q.  Did  you  ever  keep  out  any  tickets  whatever  '    A.  No. 

Q.  Did  you  ever  tell  any  body  you  had  done  so  ? 

A.  No  ;  I  believe  1  told  Mr.  Burtus  there  was  no  prospect  of 
the  low  numbers  coming  out  till  the  latter  part  of  the  drawing  ; 
and  1  told  the  same  thing  to  Mr.  Brower. 

Q.  And  what  was  your  reason  for  thinking  so  ? 

A.  From  the  manner  in  which  the  tickets  are  put  into  the 
wheel.  The  low  numbers  are  put  in  first,  as  the  wheel  lies  flat ; 
and  when  the  wheel  is  turned  up,  the  low  numbers  remain  in  the 
back  side.  And  I  have  always  observed,  too,  that  the  low  num- 
bers do  not  come  out  till  towards  the  last. 

Q.  Did  you  tell  Mr.  Burtus  that  any  of  the  numbers  w^re 
out  of  the  wheel  ? 

A.  I  told  him  he  need  not  be  afraid  of  the  low  numbers,  and 
I  may  have  mentioned  3  or  5  or  7  ;  but  I  dont  recollect. 

Q.  Were  you  in  the  habit  of  going  to  the  lottery  offices  and 
of  joking  with  the  brokers  on  this  subject  f 

A.  Yes,  and  the  brokers  were  often  quizzing  each  other  a- 
bout  the  time  when  this  or  that  ticket  would  probably  come  out. 

Q.  Have  you  known  a  low  number  come  out  early  .'' 

A.  Yes,  but  generally  not. 

Q.  Did  you  tcU  Mr.  Burtus  that  Judah  knew  what  you  had 
mentioned  to  him  about  the  low  uurabers  "^ 


8D 

A.  No  ;  I  lold  him  that  Mr.  Judah  did  not  know  it. 

Q.  You  mciitioned  tlic  thing  to  Mr.  Brewer  ? 

A.  Yes,  after  I  had  lold  Mr.  Burtus,  I  msde  it  my  business  to 
tell  Mr.  Brovver. 

Q.  By  the  Court.  Did  you  think  the  information  would  be  of 
any  service  to  them  ? 

A.  Why,  1  know  they  were  in  the  habit  of  insuring. 

Q.  WouM  you  have  made  the  same  communication  to  Judah  ? 

A.  I  don't  think  I  would. 

Q.  Why  ? 

A.  Why,  after  I  had  made  the  first  communication,  I  thought 
1  had  been  imprudent. 

Q.  By  Mp.  Jay.  Did  they  ask  you  first  about  those  numbers  f 

A.  Yes  5  and  I  told  them  they  needn't  be  afraid  of  them. 

Q.  By  the  Court.  Do  you  mean  to  say  that  this  was  said  in  jest  ? 

A.  Yes ;  so  far,  that  from  my  knowledge  of  the  putting  up 
the  wheels,  I  knew  those  numbers  would  not  come  out. 

Q.  And  do  you  mean  to  say  that  you  told  them  this  for  their 
advantage  ? 

A.  No. 

Q.  By  iMr.  Jay.  Was  you  in  earnest  when  you  told  them  ? 

A.  Why  yes  ;  so  far,  as  that  I  believed  it  would  be  so. 

Q.  Did  you  ever  tell  those  gentlemen  you  had  left  any  num- 
bers out  of  the  wheel  ? 

Q.  No. 

Q.  Did  you  ever  tell  them  you  were  sorry  you  had  told  them 
that  you  had  left  tickets  out  ? 

A.  No  ;  I  believe  I  told  Mr.  Burtus  1  was  sorry  for  saying 
they  wouldn't  come  out. 

Q.  And  that  you  would  never  do  so  again  ^     A.  Yes. 

Q.  By  the  Court.  Did  you  ever  tell  Mr.  Burtus  that  you  were 
in  jest?    A.  Yes. 

Q.  When  ?  Was  it  before  or  since  this  noise  has  taken  place  } 

A.  It  was  since. 

Q.   What  was  your  motive  for  telling  them  so  r 

A.  I  did  it  in  order  to  stop  the  clamor  on  the  subject. 

Q.  By  Mr.  Jay.  Could  you  derive  any  advantage  from  this  ? 

A.  No. 

Q.  Did  you  ever  borrow  money  of  these  gentlemen  .'' 

A.  Never,  except  some  small  sums  I  have  several  times  re- 
ceived from  them  in  uncurrent  money,  which  I  had  an  opportuni- 
ty of  exchanging;  and  it  was  a  benefit  to  them. 

Q.  Did  you  ever  ask  Mr.  Haines  to  apply  to  Mrs.  Bates  for 
you  .'*' 

A.  I  did  once,  to  i,et  him'  to  make  favorable  representation  to 
her  for  me. 


81 

Q.  And  what  did  you  tell  him  ? 

A.  I  told  him  that  as  I  was  to  be  a  manager,  I  would  r^cohimend 
lym  to  the  managers,  and  would,  if  necessary,  endorse  his  note, 
and  would  favor  him  in  the  purchase  of  tickets. 

Q.   You  have  sold  him  tickets  before  ? 

A.  Yes,  a  great  many,  formerly. 

Q.  Did  he  promise  to  recommend  you  to  Mrs.  Bates  ? 

A.  He  promised  to  speak  to  her  in  my  favor;  but  he  took  the 
precaution  of  enquiring  of  other  persons  about  me,  and  did  not 
do  the  favor. 

Q.  You  only  meant,  in  what  you  said  to  Haines,  that  you 
would  serve  him,  as  you  had  done  before  ? 

A.  Yes. 

Q.  Have  you  much  acquaintance  with  Mr.  Brooks? 

A.  Very  little. 

Q.  Did  you  ever  have  any  dealings  with  him  ? 

A.  I  once  got  him  to  discount  a  note  for  me  at  Barker's  bank, 
and  that  is  all  the  transaction  I  ever  had  with  him. 

Q.  Did  you  tell  him  you  could  assist  him  ? 

A.  I  believe  I  told  him  I  was  going  to  be  a  manager,  and 
might  aid  him. 

Q.  How  did  you  expect  to  aid  him  f  Was  it  in  the  purchase 
ef  tickets .'' 

A.  Yes. 

Q.  Did  you  ever  use  the  expression  that  you  could  "  play  into 
each  other's  hands .''" 

A.  Never. 

Q.  In  what  manner  did  you  draw  out  the  prize  in  the  Owego 
Lottery .'' 

A.  I  first  held  up  my  hand  thus,  and  then  dropped  it  a,nd  took 
out  the  ticket  ;  and'as  I  draw  it  out  my  hand  dropped,  owing  to 
an  injury  it  had  received  ;  but  it  did  not  go  under  my  coat,  nor 
fall  beliind  me  ;  I  then  brought  it  up  and  cut  the  ticket  and  open- 
ed it.  J\ly  arm  is  weak  in  consequence  of  a  cut  which  it  former- 
ly received. 

Q.  Did  you  ever  tell  Mr.  Smith  that  the  managers  ought  not 
to  show  their  hands.'' 

A.  I  did  tell  him  that  they  ought  not  to  draw  out  the  tickets  in 
the  same  way  as  the  boys  did  ;  but  not  that  they  ought  not  to 
show  their  hands. 

Q.  Did  you  always  show  your  hand  .'* 

A.  Yes.  I  only  expressed  my  opinion  that  the  managers 
ought  not  to  hold  up  their  hands  as  the  boys  did.  They  were 
men,  under  oath,  and  were  appointed  by  the  legislature. 

Q.  When  the  j^70,000  prize  was  to  be  drawn,  did  you  refuse 
tj>  draw  it  ? 

n 


82 

A.  1  declined,  and  asked  one  of  the  managers  from  New-Jer- 
icy  todraw.it. 

Q.  Did  you  own  any  tickets    it  that  lottery  ? 
A.  I  had  some,  but  sold  them  as  soon  as  I  knew  I  was  to  be  9 
manager.^ 

Q.  Did  you  ever  hold  tickets  when  you  was  a  manager  ? 
A.  Never,  when  I  was  either  manager  or  sub-manager. 
Q.  Was  you  ever  concerned  in  any  lottery  insurance  ? 
A.  Never,  I  have  always  been  opposed  to  it. 
Q.  Did  you  know  the  number  of  Mr.  Denniston's  ticket  be- 
fore the  prize  was  drawn  ? 
A.  No. 

Q.  Did  you  receive  a  check  from  Mr.  Denniston  to  collect  ? 
A.  Yes,  a  check  for  ^9000  r.nd  odd,  and  collected  the  money 
from  Mr.  Allen. 

Q.  Have  you  accounted  to  Mr.  Denniston  for  the  money  ? 
A.  Yes,  excepting  $2000,  which  Mr.  Denniston  lent  to  me 
for  one  year. 

Q.  When  was  the  Owego  prize  drawn  ? 
A.  On  the  24th  of  June. 

Q,  What  was  the  occasion  of  your  having  several  times  to 
borrow  money  ? 

A.  1  was  brought  into  my  difficulties  by  the  failure  of  some 
of  my  friends  in  New- York ;  by  reason  of  which  I  have  had  to 
pay  upwards  of  $10,000. 

Q.  Have  you  not  been  obliged  to  mortgage  your  property  ? 
A.  Yes,  I  have  borrowed  about  $G000  on  two  mortgages^ 
still  unpaid. 

Q.  How  many  tickets  do  you  believe  you  ever  took  out  of  the 
xvheel  at  a  time  ? 

A.  I  don't  think  1  ever  took  more  than  twenty  at  a  time. 
Q.  This  was  when  the  boy  was  out  ? 
A.  Yes. 

Q.  And  what  did  you  do  when  the  boy  came  in  ? 
A.  I  threw  those  that  remained  back  into  the  wheel. 
Q.  Was  there  ever  any  objection  made  to  this  at  the  time  ? 
A.  Never. 

Q.  Did  the  managers  see  this  ? 

A.  It  is  probable  they  did  ;  they  must  have  been  present  ; 
ihey  must  have  seen  it. 

Q.  Did  they  ever  object  to  it  ? 
A.  No. 

Q.  The  law  does  not  compel  them  to  draw  500  in  an  hour  ? 
,.     A.  No. 

Q.  By  the  Court.  Do  you  think  the  managers  must  have  seen 
•'ou  throw  the  numbers  back  ' 


83 

A.  Why,  I  think  they  might. 

Q.  Then  when  a  man's  number  was  once  out  of  the  wheel  and 
put  back,  it  miglit  not  come  out  in  a  week. 

A.  Yes. 

Cross-examined  by  D.  B.  Ogden. 

Q.  What  did  you  state  before  the  grand  jury  about  those 
ten  tickets  ? 

A.  I  told  them  1  found  those  ten  tickets  in  a  crack  of  the 
floor  ;  but  it  is  some  lime  since,  and  I  wish  to  correct  the 
statement, 

Q.  You  told  them  you  took  out  the  tickets  with  the  point  of 
a  knife  ? 

A.  Yes. 

Q.  Did  you  say  any  thing  to  them  about  the  boys  having  found 
some  of  the  tickets  ? 

A.  No. 

Q,  You  now  say  there  were  not  ten  ? 

A.  On  reflection  I  have  become  satisfied  that  I  was  wrong. 

Q.  How  could  they  get  under  the  carpet  ? 

A.  I  suppose  the  carpet  might  have  bfeen  shoved  up. 

Q.  Did  you  look,  when  the  boys  found  their  tickets,  for  more  ? 

A.  No. 

Q.  The  first  thing  you  did  was  to  go  and  lift  up  the  carpet  ? 

A.  Yes. 

Q.  How  many  do  you  now  say  that  you  found  ? 

A.  I  think  I  found  three  or  four. 

Q,  There  must  have  been  in  all  six  or  seven,  then  J' 

A.  Yes.  ' 

Q.  Did  any  body  else  look  under  the  stage  ? 

A.  I  don't  know  that  they  did. 

Q.  ^^\o  was  present  when  you  found  those  in  the  crack  ? 

A.  Mr.  Gikhrist  and  Mr.  Gilbert  were  both  in  the  room. 

Q.  Did  they  see  you  find  the  tickets  ? 

A.  I  don't  know. 

Q.  By  the  Court.  Did  you  mention  it  to  them  •* 

A.  It  is  natural  that  I  should,  and  I  think  I  did. 

Q.  Did  you  call  the  attention  of  any  body  to  the  discovery ,'' 

A.  I  don't  know  that  I  did. 

Q.  By  Ml.  Ogden.  Which  of  the  mangers  attended  there  that 
day  ? 

A.  I  can't  recollect. 

Q.  The  manac;ers  were  the  same  then  as  now  ? 

A.  Yes. 

Q.  When  the  managers  came,  did  you  mention  it  to  them  ?     ; 

A.  I  think  1  did. 

Q.  At  what  time  of  the  drawing  was  it  ? 


84 

A.  I  think  there  was  one  or  two  day's  drawing  afterwards  be- 
fore the  close.  There  was  at  least  one  drawing  day  afterwards 
before  the  tickets  were  put  in. 

Q.  What  did  you  do  with  them  in  the  mean  time  ? 

A.  The  managers  told  me  to  keep  them  till  the  last  day. 

Q.  And  left  them  in  your  possession  ? 

A.  Yes. 

Q.  Did  you  show  any  of  these  tickets  while  they  were  in  your 
possession  ? 

A.  Yes,  two  or  three  of  them. 

Q.  What  numbers  were  they  ? 

A.  They  were  in  the  14,000. 

Q.  To  whom  did  you  show  them  ? 

A.  To  Mr.  Burtus. 

Q.  Why.? 

A.  Because  he  had  been  pTarticularly  injured. 

Q.  This  was  in  the  third  class  ? 

A.  Yes. 

Q.  In  which  the  ^10,000  prize  was  put  into  the  wheel  on  the 
last  day  ? 

A.  Yes. 

Q.  Did  more  than  one  of  the  managers  tell  you  to  keep  those 
numbers  out  till  the  last  day  .'' 

A.  I  think  two. 

Q.  Which  two  ? 

A.  1  don't  know. 

Q.  Was  any  thing  said  by  them  about  it  at  the  time  of  the  dis- 
covery f 

A.  There  was  some  conversation. 

Q.  What  was  it  ? 

A.  I  don't  know  what  it  was — I  don't  believe  there  was  a 
great  deal  said. 

Q.  You  are  in  the  habit  of  stopping  in  at  the  lottery  offices  ? 

A.  Yes. 

Q.  At  Judah's  among  the  rest .'' 

A.  Yes. 

Q.  Were  you  not  there  the  evening  before  the  drawing  of 
15468  ?  You  and  Judah  together  ? 

A.  I  don't  believe  I  was. 

Q.  Had  you  no  communication  with  him  respecting  that  numi 
"ber  .'' 

A.  I  don't  recollect  that  T  had  any. 

Q.  Do  you  know  the  hand  writing  of  Mr.  Judah's  letter  ■' 

A.  No. 

Q.  Why  did  you  decline  drawing  the  $70,000  prize  in  the 
Owego  lottery  ? 


85 

A.  I  thought  it  a  prope'*  comph'ment  to  the  other  manao;cr. 
Q.  Have  you  not  heard  of  a  rumour  that  the  ^^35,000  prize 
had  not  been  fairly  drawn  ? 

A.  I  believe  I  had  ;  but  that  was  not  the  reason  I  refused  to 
draw  the  other,  and  hart]  no  influence  on  me. 

Q.  Mr.  Sickles,  did  you  never  hold  a  ticket  in  a  lottery 
iti  which  you  were  a  manager,  while  that  lottery  was  drawing  f 

A.  I  don't  remember  that  I  ever  did. 

Q.  By  the  Court.  You  said  you  never  had  an  interest  in  any 
ticket  in  such  lottery  while  it  was  drawing. 

A.  As  far  as  I  recollect — except  that  I  have  now  and  then 
given  a  ticket  lo  my  children — but  not  to  hold  them  myself— 1 
never  would— I  made  it  a  practice,  if  I  iieldany  tickets,  to  gel 
rid  of  them  before  the  drawing  commenced. 

Q.  By  Mr.  Ogden.  Mr.  Sickles,  I  am  under  the  necessity  of 
putting  to  you  another  question  on  this  subject,  however  unplea- 
sant it  may  be  to  you — Was  you  not  a  secret  contractor  to 
purchase  all  the  tickets  in  one  of  the  lotteries  of  which  you  was 
a  manager  ? 

A.  Yes,  I  was  ;  that  circumstance  had  entirely  escaped  me  j  I 
remember  it  now — It  was  one  of  the  Literature  Lotteries — It 
was  not  to  contract  for  all,  but  for  50,000. 

Q.  Was'ntMr.  Gilbert  a  manager  in  that  lottery  ? 

A.  No. 

Q.  By  the  Court,  Did  you  continue  to  retain  your  interest  ia 
those  tickets  during  the  drawing  .'* 

A.  Tes,  during  the  whole  of  it. 

Q.  By  Mr.  Ogden.  Did  not  those  contractors  draw  the  high- 
est prize  in  that  lottery. 

A.  Yes. 

Q.  By  the  Court.  Did  you  have  a  share  in  that  prize  f 

A.  I  did. 

Q.  Who  were  the  managers  in  that  lottery  ^ 

Witness  names  them. 

Q.  Did  you  forget  all  these  things  when  you  testified  before  ^ 

A.  Yes. 

Q.  By  Mr.  Ogden,  Was  there  not  a  law-suit  about  thatbusi- 
jiess  ? 

A.  Yes. 

Q.  By  the  Court.  Was  you  a  party  to  that  suit.^ 

A.   I  was. 

Q.  How  long  since  is  it  ? 

A.  About  ten  or  twelve  years. 

Q.  How  long  since  it  was  settled  ? 

A.  About  two  years  afterwards.  There  was  no  iaw-suit  ;  U 
was  settled  by  reference. 


m 

Q.  By  Mr.  Ogden.  You  said  you  became  embarrassed  in  be- 
half of  some  friends — was  you  not  embarrassed  in  conse- 
quence of  what  happened  to  you  as  treasurer  of  the  Dutch  church? 

A.  No ;  I  Avas  always  able  to  pay  them.  There  was  some 
difficulty  about  it ;  but  I  gave  up  my  whole  salary  rather  than 
}iave  any  litigation. 

Q.  How  long  were  you  in  that  office  ? 

A.  I  was  clerk  of  their  board  for  thirteen  years,  and  treasu- 
rer 25  years.  The  only  items  in  dispute  were,  a  question  of 
interest  and  my  charges  for  wages. 

Q.  Was  there  not  some  mistake  in  the  accounts  kept  by  you  •' 

A.  There  was  some  difficiiliy  about  the  footing  of  the  ac- 
counts ;  there  was  an  eiror  discovered  in  accounting  for  reve- 
nue ;  but  it  was  explained,  and  they  were  siatistied. 

Q.  By  the  Court.  Did  yci  cvr  ?  hold  any  ticket  for  any  body 
else  in  lotteries  when  you  have  been  a  manager  ? 

A.  Never. 

Q.  By  Mr.  Ogden.  You  have  said  you  had  your  suspicions  of 
fraud  iij  regard  to  the  ten  tickets.  Did  you  ever  tell  the  mana- 
gers of  these  suspicions  ? 

A.  I  can't  say — quite  likely  I  did — I  had  my  suspicions  that 
the  tickets  might  have  been  opened. 

Benjamin  Heard,  ^worn. 

Say's  he  was  present  when  Mr.  Denniston's  prize  ticket  was 
drawn  ;  he  was  then  clerk  ;  says  he  thinks  Mr.  Sickles  held  up 
his  hand  ;  don't  recollect  any  thing  peculiar.  Don't  think  a  per- 
son keeping  one  of  the  check  books  could  accurately  r)bs€rve 
how  many  tickets  the  boy  takes  out  at  a  time. 

[Young  Ten  Brook,  Mr.  Sickles'  grand-son,  was  then  called 
to  be  sworn — But  the  counsel  for  the  prosecution  disavowed  all 
ijitention  of  saying  or  pretending  the  boy  had  been  corrupted  » 
and  as  he  was  vciy  young,  he  was  therefore  not  examined.] 
Isaac  Moses,  sworn. 

Says  that  on  the  morning  of  the  1 1  th,  Judah  called  at  Thome's* 
and  told  him  he  wished  him  to  take  a  number  ;  it  was  15,468. 
Judah  said  it  was  a  number  which  had  been  dreamt  of.  Thorne 
got  the  insurance.  Says  there  was  no  conversation  about  Judah's 
having  dreamed  a  second  time  ;  and  that  Judah  didn't  say  that 
he  himself  had  dreamed  at  all. 

Cross-examined  by  Mr.  Hoffman, 

Q.  Did  Judah  make  you  a  present  of  $100? 

A.  Yes,  Mr.  Judah  thought  it  was  hard  that  Thome  should 
receive  his  money  and  I  receive  nothing. 

Q.  Did  Judah 'ever  employ  Mr.  Thorne  before  to  got  insu- 
lancc  ? 

A.  I  have  heard  Thome  sov  he  had. 


B7 

Q.  Was  there  no  conversation  about  Judah's  having  drcamei^ 
that  he  heard  the  number  called  ? 

A.  No. 

Q.  Did  you  ever  see  the  letter  f 

A.  Yes. 

Q.  When? 

A.  I  think  it  was  on  Monday  the  14th. 

Q.  Had  you  seen  Judah  before  that,  after  the  drawing. 

A.  Yes. 

Q.  When  ? 

A.  On  Saturday. 

Q.  Did  he,  on  either  of  those  occasions,  say  any  tl\ing  about 
the  letter  ? 

A.  I  think  he  did  mention  it  to  me. 

Q.  Did  he  on  Saturday  ? 

A.  I  think  not. 

Q.  But  you  think  he  did  on  Monday  morning  ? 

A.  I  think  he  did. 

Q.  You  arc  not  positive  ? 

A.  I  am  pretty  positive. 

Q.  Why  did  Judah  give  you  money  ? 

A.  1  have  a  large  family. 

Q.  Did  he  ever  give  you  money  before  ? 

A.  Yes. 

Samuel  Hcaley^  svsorn. 

Says  he  has  conversed  with  the  defendant  about  testifying  m 
'his  case,  and  defendant  told  him  he  would  publish  him  if  he  did 
not  take  care  what  he  said.  Supjioses  defendant  alluded  to 
what  witness  had  said  a-bout  the  tickets  being  soiled.  Has 
himself  insured  upon  the  strength  of  dreams.  Believes  he  hit 
cncc  in  that  way  ibr  ^500. 

[The  counsel  were  proceeding  to  interrogate  the  witness  as 
to  the  soiling  of  the  tickets,  when  the  court  interfered,  and  said 
that  was  entirely  needless,  as  the  tickets  themselves  were  before 
the  jury,  and  it  was  in  proof  that  they  appeared  as  they  had  at 
Hrst.] 

The  prosecution  was  here  rested. 

Robert  Gilchrist  called  again,  for  the  defence. 

Testifies  that  he  has  not  long  known  Mr.  Thorne,  but  thinks  hi^ 
character  very  good.  Never  heard  of  tickets  having  been  j)ick- 
ed  out  of  a  crack  of  the  floor  till  lately.  Don't  recollect  to  have 
heard  at  the  time  that  Mr.  Sickles  picked  up  any  tickets.  Was 
informed  by  Mr.  Gilbert  of  the  four  tickets  found  by  the  boys  ; 
and  thinks  they  were  given  to  Mr.  Sickles  to  keep  till  the  last 
day.    Never  paw  the  wheel  hW  from  the  stage.  Has  kjiown  th« 


8a 

tloor  of  the  wheel  burst  open  or  the  lock  pick'd  by  a  mechanit 
when  the  key  has  been  lost. 

Gen.  Johnson,  called  again. 

Says  he  never  saw  Mr.  Sickles  take  out  twenty  or  several  at 
a  time.  Never  heard  of  the  tickets  found  by  Mr.  Sickles  till  the 
other  day  before  the  grand  jury.  Says  the  managers  at  the 
rime  thought  it  utterly  impossible  the  four  tickets  found  by  the 
boy  could  have  come  from  the  wheel.  Thinks  those  tickets 
were  in  the  14,000.  Witness  then  thought  those  tickets  had 
never  been  in  the  wheel.  There  was  one  drawing  after 
they  were  found  before  they  were  put  in.  Says  if  any  tickets 
were  found  in  the  ci-ack  of  the  stage,  they  could  not  have  got 
iherc  without  fraud. 

.Martin  Tooker,  szvorn. 

Testifies  to  Mr.  Tliornc's  good  character  ;  has  known  him 
Jong.  Witness  condemned  Thorne,  however,  in  one  respect ; 
Sircause  he  had  given  his  word  not  to  divulge  any  thing  about 
this  number.     Witness  thought  that  wrong. 

[The  defence  was  now  again  rested.] 

Court.  As  to  the  question  of  fraud,  gentlemen,  that  shall  be 
left  to  the  jury.  And  if  they  think  the  supposed  libel  to  be 
true,  they  may  enquire  in  the  motive.  But  if  ihey  think  there 
js  no  fraud,  I  shall  charge  them,  that  if  they  ijclieve  there  was  no 
malice  in  the  defendant,  then,  still  it  is  no  libel  ;  and  however 
pure  ihey  may  think  these  managers  or  Mr.  Sickles  to  be,  yet 
if  the  matter  has  been  so  conducted  as  to  give  groimd  for  just 
puspicions  of  fraud  then  tliey  may  presume  there  is  no  malice. 
Thus  much  the  Court  think  proper  to  say  now,  to  show  what 
views  they  entertain  of  the  law  of  the  case  ;  and  if  the  counsel 
have  different  views,  they  will  explain  and  enforce  them  as  they 
dccjn  fit  in  simiming  up. 

Joseph  Berjcau  sworn  for  the  prosecution. 

Testifies  to  a  conversrition  had"  with  Thorne,  in  which  Mr.  T. 
told  him  Judnh  had  said  1£),468  was  a  numbei- dreamed  of,  or 
something  of  that  kind. 

John   W.  Gilbert,  szcorn. 

Was  cleik  in  the  lottery  when  the  tickets  were  found  by  the 


boys.  Believes  Mr.  Sickles  made  search  as  well  as  the  boys, 
riu.'  numbers  were  found  in  the  corner  immediately  under  a  small 
hole  in  the  platform.  Witness  and  Mr.  Sickles  were  at  opposite 
sides  of  the  room  when  the  search  was  made.  Mr.  Sickles 
might  have  found  twenty,  and  witness  know  nothing  of  it — 
Never  thought  Mr.  Sickles  found,  any  till  the  last  grand  jury  sat. 
Says  there  are  iron  sf)ikes  or  grates  before  the  windows  of  the 
"oom  where  the  drawing  takes  place.. 


S9 

G.    Waite,  called  again. 
Says  Mr.  Denniston  told   him  that  the  Owejo  prize  ticket 
did't  belong  wholly  to  him — but  made  such  remarks  about  his 
poor  relations  as  induced  witness  to  believe  he  owned  the  w hole. 
This  was  before  the  late  disturbance. 

Nnphtali  Judah,  sworn. 
[Mr.  Wells  at  this  moment  came  into  court,  having  been  ab- 
sent all  the  morning  from  the  trial,  in  consequence  of  his  en- 
gagement in  the  sittings.]  Mr.  Judah  relates  the  story  of  his 
going  to  Thorn^'sand  getting  him  to  procure  insurance,  in  many 
particulars  as  before  proved.  But  he  says  he  to'd  Thorne  it  was 
a  dreamed  number,  and  not  that  he  had  dreamed  about  it. — 
Says  he  received  the  anonymous  letter  the  nicht  before.  [He 
was  proceeding  to  speak  of  its  contents  when  Mr.  HoflTman  ob- 
jected.] 

Court.  You  must  produce  the  letter. 
Witness    1  haven't  got  it  with  me. 

Q.  By  the  Districl  Attorney.  Have  you  not  distroyed  it  ? 
A.  Yes. 
Q.  Wherv? 

A.  On  the  29  of  September,  I  think. 
Q.  What  were  the  contents  of  this  letter  ? 
A.  The  letter  was  in  these  words — "  Dear  sir,  your  friendly 
and    benevolent  disposition  iaiduces  me  to  inform  y(^i  that  I 
dreamed    that   15468  will  be  drawn   on  the    ninth  day.     I  in- 
form you,    that  you  may  benefit  by  my  vision."    (Signer!)    "  A 
Friend." 
Q.  Was  it  that  letter  which  induced  you  to  get  the  insurance  r 
A.  Yes. 

Q.  Had  you  any  droam  about  the  number  ? 
A.  No  ;  1  didn't  tell  Mr.  Thorne  that  I  had. 
Q.  By  the  Court.    The   letter  contained   nothing  about  the 
thing  having  been  dreamed  twice,  or  at  the  City  Hall. 
A.  No,  sir. 

Witness  then  went  on  to  state  the  interest  which  Mr.  Thorne 
took  in  the  insurance,  and  the  subsequent  conversations  with  him 
about  the  refusal  of  the  insurers  to  pay.  Witness  says  that  on 
Saturday  evening  one  of  the  insurers,  Daniel  D.  Smith,  actually- 
settled  with  him  and  paid  the  amount  of  the  insurance;  and  that 
one  or  two  others  also  called  at  witness'  house  to  setJe  with 
him  ;  but  that  he  refused  to  receive  th^  money,  and  that  on  the 
next  day  (Sunday)  he  called  on  Smith  and  returned  him  what  he 
had  paid.  He  says  he  also  showed  Smith  the  anonymous  letter 
at  the  same  time.  Witness  says,  that  when  there  was  the  least 
suspicion  about  it,  he  would  not  have  taken  one  dollar  from  the 


90 

insurers  for  a  thousand.  Witness  also  says,  h"  desired  Smith  to 
call  a  meeting  of  the  gentlemen  interested,  in  the  nwrning;  that 
the  meeting  took  place,  and  the  witness  took  with  him  his 
friend  captain  Myers  to  see  what  should  be  done  ;  that  after 
some  conversation,  witness  read  the  letter  in  the  meeting,  and 
told  them  that  it  was  on  the  faith  of  that  that  he  had  caused  the 
insurance  to  be  effected,  but  that  if  there  was  the  least  shadow 
of  suspicion  about  it,  he  would  abandon  it,  as  he  wouldn't  for 
a  thousand  dollars  take  a  dollar  wrongfully.  He  says  the  gen- 
tlemen were  all  perfectly  satisfied,  that  captain  Myers  went  out 
of  the  room,  and  Mr.  Burtus  wrote  a  note  to  witness  and  another 
to  capt.  Myers,  expressing  their  satisfaction.  [Witness  read  the 
notes.]     The  first  of  the  notes  was  in  these  word.s  : 

''.Ye7o- York,  SeptAl,  1818, 
"  The  following  is  a  copy  of  a  letter  sent  to  your  friend  capt. 
Myers."  "JAMES  A.  BURTUS." 

"  Captain  M.  Myers, 

"  Dear  Sir, 

"  The  explanation  made  by  Mr.  Judah 
to  the  lottery  offices,  yesterday,  was  perfectly  satisfactory,  and 
Mr.  Judah  was  exonerated  from  all  censure." 

A  '•  JAMES  A.  BURTUS." 

Witness  further  says,  he  never  had  any  understanding  with 
any  person  whatever  relating  to  the  drawing  of  that  ticket  15468, 
or  ofany  other  ticket  in  any  lottery  ;  and  never  challenged  a  ticket 
drawn  by  Mr.  Sickles  as  being  improperly  drawn  in  any  lotteiy. 
There  was  a  case,  he  says,  eight  or  ten  years  ago,  when  he  was 
not  satisfied,  the  boy  having  acted  incorrecdy,  as  he  afterwards 
confessed,  and  was  turned  away  by  the  managers.  Don't  know 
whether  Mr.  Sickles  was  then  a  manager. 

Q.  By  Mr.  Jay.  Did  Mr.  Sickles  ever  communicate  to  you 
the  circumstance  of  their  being  any  numbers  out  of  the  wheel  ? 

A.  Ifhe  did  1  was  the  victim  of  it.  Mr.  Abraham  P.  Brew- 
er hit  me  for  seventeen  hundred  dollars  on  number  three,  in  the 
fourth  class,  which  came  out  the  44th  day's  drawing;  Mr.  Bur- 
tus hitme  for  glOO,  Mr.  Baldwin  for  ^600,  Benjamin  Crane  for 
^250,  in  all,  $2650.  Witness-  says  number  three  was  more 
heavily  insured  for  that  day  by  50  per  cent,  than  for  any  other. 
Witness  is  not  in  the  habit  of  insuring  for  A.  B.  and  C.  bat 
merely  takes  from  other  offices  when  they  are  over-charged ; 
that  is,  he  reinsures  them.  He  says  his  motives  for  giving  up 
the  policies  as  he  did  was  his  connexion  with  the  other  offices. 

Q.  By  the  Court.  This  business  had  made  a  good  deal  of 
nois»  before  you  destroyed  the  anonymous  letter  ? 


91 

A.  Yes.  It  was  just  before  the  matter  was  laid  before  the 
grand  jury.  The  witness  says  he  was  present  at  the  examina- 
tion by  Mr.  Fay,  Mr.  Drake,  and  Mv.  Allen;  and  that  he  told 
WoodrulFhe  was  an  impertinent  fellow,  considering  him  very 
officious.  He  also  says  that  on  Monday,  the  next  day  of  the 
drawing,  Mr.  Fay  declared  himself  perfectly  satisfied ;  and  so 
did  Mr.  Baldwin  ;  and  they  promised  to  come  out  the  next  morn- 
ing and  make  a  full  exoneration  of  the  witness. 
Hector  O.  Gregory,  sworn. 

Was  present  when  Mr.  Sickles  drew  the  prize  in  the  Owego 
Lottery.  He  says  Mr.  Sickles  didn't  hold  up  his  hand,  but 
raised  it  partly  up. 

Napthali  Judah  here  rose  again,  of  his  own  accord,  to  say, 
that  Mr.  Brower  reinsured  ^300  at  witnesses'  office,  on  num- 
ber 15468,  which   was    paid. 

The  testimony  here  closed — and  the  court  adjourned  for  one 
hour.  .  At  6,  P.  M.  the  Jury  were  again  called. 

Distrkl  Attorney.  If  the  court  please,  lam  desired  to  ask 
permission  for  Mr.  Sickles  to  explain  whether,  in  speaking  of 
the  number  of  tickets  taken  by  him  from  the  wheel  at  a  time,  he 
meant  it  to  apply  to  the  classes  of  the  Medical  Science  Lottery, 
or  whether  it  was  in  relation  to  other  lotteries  in  which  Mr. 
Sickels  himself  was  a  manager. 

Court.     The  testimony  was  considered  to  be  closed — but  if 
the  counsel  for  the  defendant  consent,  let  him  explain. 
John  H.  Sicklesy  called  again. 

Q.  By  the -Djs^ric/  Attorney.  Mr.  Sickles,  did  yol^mean  to 
say  that  you  had  taken  out  several  tickets  at  a  time  in  any  class 
of  the  Medical  Science  Lottery  ? 

A.  I  don't  recollect  that  I  ever  did  in  that  lottery. 

Q.  By  the  Court.  Then  all  the  other  managers  have  been 
mistaken  ? 

A.  i  think  it  must  have  been  in  the  Owego  Lottery. 

Q.  Why  did  you  alter  your  conduct  ? 

A.  Because  it  was  too  laborious  a  thing. 

Q.  Why  did  you  depart  from  the  other  practice  ? 

A.  Just  to  accommodate  myself — I  don't  know  any  other  par 
ticular  reason. 


92 


Mr.  IIoffma.v  thni  proceeded  to  sum  up  tic.  evidaict,  in  behalf 
of  the  defendant,  which  he  did  to  the  folloiolng  effect : 

Gentlemen  of  the  Jurt, 

The  patience  you  have  hitherto  shown,  in  the  progress  of  atrial  which 
has  aheady  lasted  throe  days,  aflbrds  mo  an  assurance  that  you  will  give  a 
fair  and  serious  attention  to  such  ohstM'vations  as  it  has  now  become  my 
duty  to  address  to  you.  And,  you  will  allow  me  to  say,  Gentlemen,  that 
the  cause  is  one  in  which  you  and  I  are  interested — The  character  of  the 
State  is  interested.  It  is  a  cause  w-hich  involves  diiectly  the  reputation  of 
state  oificer.s,  in  regard  to  the  manner  in  w  hich  they  have  discharged  the 
most  delicate  and  responsible  public  trusts. 

I  will  be  as  brief,  Gentlemen,  as  possible,  consistently  with  the  interests 
of  ray  client  and  of  justice.  You  have  a  duty  to  perform — So  have  I,  a 
very  impovUnit  duty  ;  and  in  discussing  the  merits  of  the  cause  I  shall  en- 
deavour to  fulfil  it.  I  shall  set  down  nought  in  nia'.ice — but  on  the  other 
hand  I  shall  "  nothing  extenuate,"  and  I  shall  not  fiinch  from  what  that  duty 
requires  of  me,  whatever  individual  may  become  the  subject  of  my 
remarks. 

Ai<|  in  the  first  place,  gentlemen,  let  mo  call  your  attention  to  the  sup- 
posed libel  itself,  not  that  I  would  endeavour  to  shield  the  defendant  by 
means  of  any  nice  and  critical  distinctions  or  evasions;  for  we  will  meet 
every  charge  that  arises  fairly  out  of  the  publications  he  has  made.  But 
gentlemen,  the  indictment  does  more  by  its  inutMidos,  than  by  the  matter 
which  it  directly  sets  foith  In  the  publications  charged  to  be  libellious, 
we  own  that  there  '.s  no  i;nputation  of  fraud  against  the  managers  of  the 
lottery  generally,  nor  against  those  iiiimedi.it(;ly  concerned  in  the  drawing 
of  the  present  Class  of  the  Medical  Science  Lottery  ;  none  against  Mr- 
M'Loan,  none  against  Mr.  Kent,  none  against  General  Johnson,  none 
against  Dwtor  Mitchell.  The  indictment  however  charges  that  the 
charactere  of  the  gentlemen  I  have  named  ai-e  implicated  in  the  accusation 
of  fraud.  This  is  a  mistake,  the  defendant  has  accused  them  of  nothing 
but  carelossiii  ss  There  can  be  no  suspicion  of  the  purity  of  these  men. 
'There  are  no  men  to  whose  unquestionable  integrity  I  would  sooner  en- 
trust my  property'  or  my  life.  But  in  tlie  })rescnt  case,  even  these  gentle- 
men, as  we  think,  have  forgotten  to  observe  that  strict  and  regular  cor- 
rectni^JiS  which  ought  to  mark  thtii'  discharge  of  those  official  duties  which 
have  been  devolved  u|»on  them  by  the  Legislature  of  the  State. 

Gentlemen,  Mr.  Baldwin  has  been  presented  before  you  by  the  indict- 
ment as  a  man  influenced  by  malice,  ai  being  urged  by  motives  as  vindic- 
tive and  iiialignant  as  any  that  can  find  an  entrance  into  the  human  heart. 
Do  yr.u  bi'.lieve  this  ?  Do  you  believe  it  possible,  that  in  opposition  to  the 
advice  of  his  friends  and  against  his  own  interests,  he  would  have  made 
these  publications  for  the  mere  gratificati(»n  of  motives  of  this  kind  .''  What 
reward  could  he  have  promised  himself?  What  conceivable  inducement 
but  a  sense  of  his  duty  to  the  public  ?  He  was  told,  as  you  have  heard, 
that  he  would  offend  his  political  friends  if  he  proceeded.  He  was  urged 
by  iMr.  Drake  with  this  consideration.  But  he  did  not  shrink  Irom  his 
duty.  "  You  forget  your  political  friends,  Mr.  Baldwin  !"  What  is  his 
answer?  "  I  do.  Whatever  becomes  of  political  friendships— I  will  fulfil 
my  obligations  to  the  community." 

"Gentlemen,  the  laws  of  the  State  upon  the  subject  of  Lottery  manage- 
ment must  be  explained  to  you-    They  are  all  important  to  be  known, 


93 

this  community  irm'^l  l<ii">v  them.  Yet,  knowing  thorn,  even  Mr.  Sickles 
has  ditrod  to  violatf  those  laws — and  knowing  them,  even  Mr.  Deniston 
has  dared  to  violate  thosr  laws — the  one  against  his  oath  ;  the  other  aj^ainst 
the  direct  prohibition  of"  the  statute. 

You  wdl  remember  the  disclosures  of  181 1.  The  managers,  you  know, 
were  allowed  to  sell  tickets  on  credit.  Great  injury  was  sustained  by  the 
stale  in  consequence  of  the  abuse  of  tiiat  power.  The  statute  I  now  hold 
in  my  hand  was  intended  to  prevent  the  recurrence  of  those  improprieties. 
When  you  have  heard  it,  you  will  judj;p  how  Mr.  Deniston  could  purchase 
tickets  in  the  Medical  Science  Lottery  as  he  has  done.  I  am  not  now 
commenting  cni  his  testimony.  But  I  do  mean  to  say,  that  according  to 
the  spirit  of  the  oatli  he  took  when  he  became  a  manager,  he  had  no  right 
to  purchase  tickets  for  himself.  It  is  said  he  purchased  for  others  ;  but  in 
point  of  fact  he  was  immediately  interested 

Mr.  H.  iiere  read  the  oath  prescribed  by  law  and  the  ninth  section  of 
An  Act  relative  to  Lotteries  passed  April  8,  i;)0:»,  as  follows  : 

"  I  do  solemnly  swear  (or  afHrm  as  the  case  may  be)  that 

I  will  well  and  faithfully  execute  the  trust  reposed  in  me  as  one  of  the 
managers  of  lottery  (or  lotteries)  established  by  law,  without  favor  or  par- 
tiality, and  that  I  will  not  directly  or  indirectly  authorise  or  permit  the 
sale  of  any  tickets  in  any  such  lottery  in  which  sale  or  sales  I,  or  any 
person  at  my  instance,  on  my  behalf,  shall  be  directly  or  indirectly  bene- 
fitted, or  interested,  or  entitled  to  any  profit  or  advantage  whatever 
thereoift." 

Andbt  it  further  enacted,  That  it  shall  not  be  lawful  for  any  person  or 
persons,  being  a  manager  of  any  lottery  within  this  state,  directly  or  in- 
directly to  contract  for  or  be  concerned  with  any  company  in  contracting 
for  any  part  or  portion  of  the  tickets  of  the  said  lottery  of  which  he  or 
they  are  managers. 

The  legislature,  gentlemen,  meant  to  interdict  the  managers  of  their 
lotteries  from  purchasing  tickets,  and  from  actjuiring  personal  interest  in 
the  charms  of  the  wheel.  They  meant  to  remove  that  source  of  corrup- 
tion altogether.  And  they  have  gone  further  than  this.  [Reads  from  the 
statute  the  provision  against  selling  tickets  at  the  original  price  after  60 
days.]  How  vain,  then,  is  this  e.vcuse  of  Mr.  Deniston  !  Did  he  never 
read  the  law  ?  And  yet  he  comes  forward  and  swears,  that  by  the  law, 
they  are  not  allowed  to  make  sale  of  less  than  .')0  in  a  parcel ;  and  this  is 
assigned  as  the  reason  of  his  having  become  tiie  purciiaaer  of  50 — but  the 
language  of  the  act  is  "  not  exceeding  50." 

Gentlemen,  the  managers  are  ailowed  15  per  cent-  on  the  sum  raised 
by  the  lottery.  To  what  end  is  this  allowance  ?  Is  it  to  authorize  a  per- 
son not  under  the  solemnity  of  an  oath  to  discharge  their  duty  for  them? 
The  legisiaturo  ineant  that  no  person  not  liable  to  the  penalty  of  the  law, 
should  fulfil  the  functions  that  arise  under  it-  And  yet,  Mr.  Sickles,  con- 
trary to  the  spirit  and  meaning  of  this  law,  becomes  a  manager  in  fact, 
without  a  manager's  responsibility.  He  counts — the  managers  do  not 
count  alter  him.  He  draws  also,  and  to  all  appearance  is  the  most  active 
man  at  the  wheels.  They  put  it  in  his  power — an  unsworn  man — to  play 
what  tricks  he  pleases  with  their  lotteries. — I  am  not  now  saying  what 
tricks  he  has  actually  played — Ijut  I  am  placing  before  you  what  these 
managei-s,  (and  much  as  I  love  some  of  them,  I  must  speak  truth)  by 
neglecting  their  own  duty,  enabled  him  to  do,  if  the  disposition  was  not 
wanting. 

Gentlemen,  this  is  one  view  of  the  subject.  There  are  others  that  dc- 
!?erve  your  notice.  Is  it  necessary  that  the  drawing  of  the  lottery  should 
be  precipitated  in  the  manner  you  hare  heard  .^     Is  it  necessary  to  draw 


94 

.'00  tickets  it)  an  huur  ?  Di«i  the  law  impose  this  obligation  ^ — And  wbci. 
th«iy  come  gr.iv«ly  to  say  that  mistakes  will  happen  do  what  you  will — 
I  answer,  yes,  they  ivill  happen  indeed,  when  the  drawing  is  expedited  be- 
5'ond  all  prudence  for  the  tuanager's  convenience. 

A^^ain,  gentlemen,  we  arc  told  that  the  ends  of  the  strings  with  which 
the  tickets  are  tied  up  are  so  long,  tint  the  tickets  cling  one  to  another, 
and  thus  several  are  unuvoidably  taken  out  of  the  wheel  at  a  time  !  But 
how  is  this?  And  why?  Is  it  lu  sucii  a  purpose  that  men  are  se- 
lected with  grcjit  caution  to  execute  a  public  duty  of  this  nature  ?  They 
may  be  told,  and  they  seem  to  require  it,  that  the  use  of  a  common  scissors 
will  prevent  the  accident  by  which  they  would  justify  th«  drawing  of  a 
handful  of  tickets  at  a  time. 

Gei)tle(r:"n,  you  cannot  go  one  step  in  this  investigation,  but  the  care- 
lessness of  the  managers  stares  you  in  the  face.  They  have  left  too  much 
to  Mr.  Sickles. — He  says  to  them,  let  us  have  bagging  sleeves,  and  bag- 
ging sleeves  are  put  on — he  quits  them,  and  bagging  sleeves  are  laid 
aside.  But,  gentlemen,  the  arm  at  the  wheel  sho\)ld  be  bare.  In  Europe 
no  such  mistakes  have  arisen.  And  with  us,  now  that  the  form  has  been 
altered,  tiiere  are  no  more  such  accidents  ;  there  cannot  be  ;  because  the 
arm  is  now  bare,  and  the  ticket  is  drawn  out  fairly  and  exposed  to  the  full 
view  {j(  ihe  spectators- 

Can  it  bi',  po.scible,  gentlemen,  that  these  mistakes  they  talk  of  should 
happen  without  great  carelessness  ?  We  put  it  not  on  the  ground  of  fraud. 
It  is  cnouj^h  to  say,  as  the  defendant  has,  that  such  practices  as  we  have 
seen  to  be  common,  aro  what  the  legislature  never  meant  to  allow.  If 
tickets  are  left  in  the  hands  of  a  sub-manager,  remaining  over  after  the 
drawing  of  a  hundred  until  another  hundred  is  conuiienred,  what  security 
have  the  owners  of  thi^se  tickets  that  their  rights  will  not  be  utterly  violated 
and  defeated  ?  We  have  it  in  evidence  that  several  numbers  are  some- 
times thrown  into  the  lap  before  any  of  them  are  called.  I  care  not 
whethiM-  it  be  the  lap  of  a  managei  or  a  sub-manager. — The  one  is  wrong; 
the  ()lh«^r  grossly  wrong.  And,  indeed,  no  man  ought  ever  to  officiate  in 
such  a  case  but  he  to  whom  the  law  delegates  the  trust. 

Genll>?m«n,  see  to  what  an  extent  this  carelessness  has  gone.  It  is  not 
confined  to  the  fate  of  a  simple  blank  ;  but  in  one  instance,  a  prize  ticket 
of  SlO.OOO  has  been  detained  out  of  the  wheel  till  the  very  last  day's 
drawing.  I,  for  one,  do  not  believe  that  this  ticket  ever  found  its  way  out 
of  the  wheel.  But  you  are  to  judge  whether  it  was  ever  there  till  its  cor- 
respondent number  was  to  come  out. 

Gentlemen,  as  far  as  the  managers  arc  concerned,  I  have  for  the  present 
done.  I  may,  liL'reafter,  bring  forward  one  of  them  as  the  subject  of  fur- 
ther reinark.  At  any  rate,  tlie  general  facts  I  have  mentioned  are  sufficient 
to  juslity  the  defendant.  His  alles^ation  is,  that  there  is  fraud  in  the  ma- 
nagement, not  in  the  managers,  of  tlie  lottery.  It  is  in  the  general  manage- 
ment, and  not  in  the  iudividuals  having  the  right  to  control  it.  Mr.  Bald- 
win begins  with  No.  17  in  the  former  lottery,  and  he  comes  down  to  the 
present  time. 

Gentlemen,  the  first  question  now  is,  not  whether  the  chai-ge  of  fraud 
Ties  against  Mr.  Deniston  or  Mr.  Sickles;  but  whether  fraud  has  not  been 
completely  establislied  to  exist  somewhere.  The  defendant  concludes 
his  publications  with  saying,  tliat  there  is  fraud  somewhere;  and  you  are 
to  jud^e  whether  tliis  be  true  or  not.  I  mean  not  to  say  that  Mr.  Judah 
has  perjiired  himself;  still  les'*,  that  Sickles  has;  nor  do  I  criminate  tjie 
boy.  But,  if  from  the  general  course  of  circumstances  you  believe  that 
fraud  does  exist,  and  exists  any  where,  this  publication  is  not  a  libel- 
But,  gentlemen,  I  will  go  farther,  I  will  locate  this  fraud.— And  I  will 
T^t  shrink  from  p!  obing  it  to  the  bottom  wherever  it  shall  be  found. 


95 

And  in  the  first  placp,  I  remark  that  il  is  seldom  by  direct  proof  that 
such  a  charge  can  be,  fixed  upon  any  man.  In  nine  cases  out  of  t«n  th« 
proof  depends  on  circumstantial  evidence.  Take  any  ordinary  case, 
t'orgery  or  counterfeiting;  for  example.  How  seldom  can  you  bring  directlj 
home  to  the  culprit,  the  fact  in  which  his  gtiilt  consists !  Fraud  is  com- 
monly a  thing  so  artful  and  deceptive,  that  it  makes  no  communication  of 
its  designs  to  persons  whose  character  might  endanger  its  security.  And 
it  is  a  thing  so  odious  in  its  nature,  that  no  man  who  seeks  to  practise  it;, 
will  declare  it  to  one  more  honest  than  himself. 

Expect  not,  therefore,  that  direct  and  positive  proof  of  which  the  sub- 
ject is  scarcely  ever  capable.  But  expect  evidence  not  less  worthy  of  your 
credence — expect  circumstances  which  cannot  speak  false — circumstances 
which  never  could  have  existed  but  in  a  case  of  fraud. 

Gentlemen,  I  shall  in  the  first  place  conten»l,  that  3rr.  Judah  knew  be- 
forehand, that  ticket  number  15,168  would  come  out  on  the  9th  day'.s 
drawing.  If  he  did,  you  must  pronounce,  however  painful  the  duty,  that 
the  ticket  had  been  fraudulenlly  drawn  frimi  the  wheel.  He  must  have  had 
a  companion:  and  no  j)erson  could  have  made  him  succeed  on  that  ticket 
but  Mr.  Sickles,  who  knexv  the  facts  in  relation  to  it.  At  present,  I  put 
Judah's  oath  on  that  point  out  of  the  question.     Let  us  go  on  regularly. 

Early  in  the  morning  of  the  1  Ifh,  (you  will  go  on  wilh  me,  gentlemen, 
though  the  facts  are  nun?»rous  and  complicated.)  he  calls  at  Mr.  Thome's. 
I  take  Thome's  testimony  to  be  the  truth,  and  I  will  establish  it  before  I 
have  done.  He  meets  with  JMoses  first. — But  he  employs  not  him.  And 
why?  For  the  very  reasoH  slated  by  Mr.  Tliorno. — And  why?  for  fear 
the  insurers  would  come  hack.  If  he  should  take  Moses  for  his  purpose, 
the  offices  would  know  his  agent,  and  come  bade  on  him  for  remsurance. 
He  tells  Thorne  that  he  has  dreamed  a  dream  ;  that  he  thought  he  was  in 
the  City-Hall  and  heard  this  number  called  ;  and  that  he  fell  asleep  and 
dreamed  the  same  thing  again.  Gentlemen,  either  this  is  true,  or  Mr. 
Thorne  is  deliberately  perjured.  MrTiiorn  has  told  the  particulars;  Mr. 
Thorne  has  fixed  the  place  where  Judah  was  in  his  pretended  dream  :  Mr- 
Thorne  has  given  us  the  whole  in  its  details.  And  this  particularity  must 
either  convict  him  of  wilful  peijury,  or  establish  in  your  minds  the  trutli  of 
his  statement. 

Judah  employs  Mr.  Thome  — The  insurance  is  effected.— The  ticket 
comes  out.— But  doubts  arise.— IMr.  Smith  observed  that  Mr  Sickles  call- 
ed off  four  tickets  when  he  had  received  but  three  from  the  boy.  An 
examination  takes  place. — The  tickets  are  found  soiled.— Suspicions  {ret 
abroad,  and  Judah  is  informed  of  them.  What  is  his  conduct?  "The 
riamn'd  rascals!  I'll  make  them  pay."  He  calls  on  Mr.  Thome.— And 
what  does  he  do  ?  The  bullying  and  blustering  Judah— what  does  he  do? 
He  laughs  at  the  idea  of  defeat,  and  stalks  about  in  pretended  innocence  : 
threatens  to  blow  out  the  brains  of  any  man  who  dares  to  doubt  his  purity, 
"i'es,  and  you  will  see  presently  liow  all  this  ends  ! 

This  Mr.  Judah  calls  on  Mr.  Crane. — A  ftirther  examination  is  had  on 
the  evening  of  Saturday,  or  before  the  interview  of  the  Monday  following 
—and  tliat  is  sufficient  for  my  purpose.  The  soiling  of  the  ticket  h  estab- 
lished :  it  no  longer  rfsts  on  suspicion  that  four  tickets  had  been  called  when 
only  three  were  drawn  ;  and  the  fourth  of  these  is  soiletl  as  if  worn  in  the 
pocket.  What  now  ?  Mr.  Judah's  courage  bi'^iins  to  subside.— The  cliarge 
i»1ikely  to  come  home  to  him. — The  mystery  is  cleared  up.  What  is  be 
'o  do  ?  Gentlemen,  a  man  versed  in  the  wiles  of  this  world,  a  man  whose 
iiiH-rcst  led  him  to  hold  fast  the  advantage  he  had  imagined  te  be  secure  : 
ihc  boldj  the  dauntless  Mr.  Judah  comes  calmly  forward  aud  surrenders  up 


96 

his  policies  to  the  men  whom  he  had  just  now  called  rascals!  Yes,  and 
by  way  of  concilation,  he  tells  them  ot  the  services  he  has  rendered  them 
in  the  grand  jury !  And  what  is  this?  Instead  of  bullying,  he  coaxes — 
instead  of  threatening,  he  sues.  He  rakes  back  his  dream ;  he  resigns  his 
policies;  his  whole  conduct  is  entirely  changed. 

But  let  us  go  further  into  the  facts  wiiich  belong  to  this  affair.  H£  dream- 
ed, indeed;  and  he  dre;imed  twice — and  yet  we  are  told  that  he  did  not 
insure  on  his  own  dream,  but  on  an  anonymous  letter  ;  a  letter  written  by 
some  good  spirit  presiding  over  his  destiny — some  kind  friend  that  re- 
membered his  benevolences  and  his  charities  to  the  poor  ! — Gentlemen,  it 
is  too  ridiculous  to  dwell  on — a  letter  mentioned — when  ?  not  when  he  ap- 
plied to  Mr.  Thome  to  get  the  insurance  for  him — a  letter  mentioned — when? 
not  in  any  of  the  conversations  which  took  place  before  the  drawing,  nor  on 
the  Saturday  afterwards,  when  the  fraud  was  publicly  proclaimed — a  letter 
mentioned — when?  not  till  he  met  those  gentlemen  the  insurers  on  the 
Monday  following  ! — where  is  that  letter  ?  If  we  had  it  here  we  might 
perhaps  detect  the  hand.  Gentlemen,  it  is  in  vain  that  Mr.  Judah  tells  us 
he  has  destroyed  it.  If  it  had  been  genuine, he  never  would  have  destroyed 
it.  When  ?  after  the  dispute  witii  Mr.  Fay  and  Mr.  Baldwin  ?  yes,  and  after 
he  had  given  the  explanation,  with  which  they  were  not  satisfied?  and  yet 
we  are  told  he  has  destroyed  it.  When  ?  Let  me  say,  it  was  not  when  the 
public  were  satisfied,  and  at  the  very  mcunent  when  he  himself  was  dis- 
satisfied. 

Gentlemen,  is  it  possible  there  is  a  man  who  believes  that  if  Mr.  Judah 
had  fairly  received  such  a  letter,  he  would  ever  have  destroyed  it  ?  He 
keeps,  we  see,  an  insignificant  letter  written  to  himself;  and  a  letter  to  his 
friend  Capt.  Myers,  he  retains  and  exhibits,  and  yet  this  anonymous 
Ifttter,  on  which  so  much  depended,  is  destroyed. 

To  proceed  still  further,  what  a  singular  friend  is  this  writer  of  the  anony- 
mous letter  !  a  letter  addressed  to  him  in  charity  and  kindness  !  a  friend, 
wishing  to  put  a  few  dollars  into  his  pocket !  and  yet  that  friend,  who 
must  have  seen  this  publication,  has  not  candour  enough  to  come 
forward  and  swear  that  he  wrote  the  letter.  Would  kindness  have  dictat- 
ed this  letter,  and  then  neglect  to  avow  it,  when  the  avowal  would  deliver 
Judah  from  a  load  of  suspicion  and  repruach  ?  It  is  incredible. 

But  perhaps  the  writer  was  a  female,  and  we  are  told  that  female  names 
ought  seldom  to  appear  before,  the  public  !  There  is  a  repugnance  in  the 
female  mind  to  such  notoriety !  We  must  believe  all  this,  because  a  coun- 
sel at  the  bar  has  said  it. 

Gentlemen,  if  a  fair  lady  wrote  that  letter,  one  would  think — for  that 
sex  is  influenced  by  the  benevolent  affections  infinitely  more  than  ours — 
one  would  think,  although  there  mig'it  be  some  delicate  reluctance  to  the 
publicity  of  the  proceeding, — yet  that,  to  save  a  friend,  a  fem;ile  would 
not  refuse  to  acknowledge  a  letter  written  from  the  pure  motives  of  be- 
nevolence ! 

Or  perhaps,  Gentlemen,  it  might  have  been  some  child  that  wrote  this 
kindly  epistle  to  Mr.  Judah.  At  any  rate,  would  you  not  have  been  grati- 
fied to  see  the  thing  before  your  eyes  ?  You  might  then  distinguish  wheth- 
er it  was  in  a  female,  or  a  feigned  and  counterfeit  hand. 

Gentlemen,  I  did  intend  to  trace  the  testimony  of  this  man  further.  I 
believe,  hovvever,  that  there  is  no  man  here  who  believes  that  he  has  de- 
stroyed the  letterjin  question.  \nd  if  not,  his  testimony  is  altogether  good 
for  nothing.  He  is  in  fact  a  party  interested  in  the  result  of  the  trial ;  and 
though  the  forms  of  law  permit  him  to  comd  here  and  testify  in  the  cause, 
you  will  bear  in  mind  that  tiie  cause  is  still  his  own. 

Whether,  Gentlemen,  Mr.  Judah  or  his  friend  was  the   author  of  the 


97 

dream,  we  fiod  the  publication  true.  There  is  the  fact.  The  ticket  cam* 
out  according  to  the  prophecy.  And  connecting  this  fact  with  that  of  his 
getting  insurance  as  lie  did,  and  with  the  other  circumstances  of  the  case, 
who  can  hesitate  in  farming  his  conclusion  that  Mr-  Judah  knew  when  the 
ticket  was  to  come  out  'i 

And,  Gentlemen,  another  part  of  his  conduct  leads  us  necessarily  to  this 
conclusion.  It  is  the  hush  money  given  to  Moses  Mr.  Thome  could 
not  he  tempted.  And  Moses'  testimony  was  all  that  could  he  found  to 
discredit  that  which  was  to  he  given  hy  .Mr.  Thorne.  Judah  made  him  a 
present  of  one  hundred  dollars.  Wliat  was  the  motive  ?  Preposterous! 
Because  the  underwriters  will  not  do  an  act  of  justice,  I  will  do  one  of 
uncommon  benevolence!  iNo  ;  there  Avas  another  motive.  Mr.  Thorne 
had  shown  that  he  was  not  to  he  Judah's  tool ;  he  had  been  lold  of  the 
dream  and  knew  all  (he  particulars  ;  Thorne  was  likely  to  spe.ik  the  truth 
when  called  on.  And  his  statement  was  to  be  contradicted  ;  Moses 
was  to  do  the  work  ;  and  he  has  redeemed  the  pledge  which  three  hun- 
dred dollars  purchased. 

Mr.  Judah  then  knew  that  this  number  was  to  come  nut  ?  How  ?  He 
must  have  had  an  associate.  Then  establish  the  criminality  of  Judah,  and 
that  of  Mr.  Sickles  can  never  be  avoided.  If  Judah  had  the  knowledge, 
•Sickles  had  it  ;  if  Judah  knew  it.  Sickles  must  have  been  a  party.  There 
is  no  escape. — Judah  must  have  known  the  number.  31r.  Sickles  drew  it. 
Conclude,  then,  confidently,  that  all  this  dreaming  and  this  anonymous  let- 
ter is  a  falsehood,  and  that  Judah^insured  on  the  knowledge  he  derived 
from  Mr.  Sickles. 

Gentlemen,  we  have  never  accused  that  boy.  We  never  meant  to  ac- 
cuse him.  I  should  be  sorry  to  say  any  thing  against  a  child  like  that. 
But  wher)  we  pass  from  him,  even  the  evidence  of  Mr.  Sickles  himself  con- 
firms our  accusations.  The  guilt  of  Mr  Judah  involves  that  of  Mr. 
Sickles- 
Let  ns  be  a  little  more  particular.  In  the  first  place,  had  Mr.  Sickles 
the  ability  to  practise  the  fraud  'i  I  shall  not  detain  you  for  an  answer. 
K.very  body  sees — he  had  it  from  t1)e  mode  of  counting;  he  had  it  from 
the  manner  of  resting;  he  had  it  from  the  usual  circumstances  in  which 
tlu^  drawing;  was  conducted. 

It  is  innTiMterial  whether  this  ticket  15,468  was  ever  in  the  wheel  or  not. 
We  never  put  our  cause  on  the  ground  that  the  ticket  was  never  in  the 
wheel.     It  may  have  been  taken  out  on  the  8th  day.     Perhaps  it  was. 

.\iid,  Gentlemen,  let  me  remark,  this  is  not  a  question  of  blanks  and  pri- 
zes. It  requires  no  concert  between  the  persons  at  the  wheels.  If  Mr. 
Sickles  was  disposed,  he  alone  could  commit  the  fraud.  No  concert  was 
necessary.  It  is  a  question  about  a  number,  whether  the  number  will  come 
out;  Mr.  Sickles  draws  it  out. 

Gentlemen,  let  us  go  a  little  into  the  instances  of  Mr.  Sickles'  gen- 
eral conduct  in  this  business.  It  is  in  testimony  before  yon,  and  testimony 
most  reluctantly  given,  that  accoiding  to  the  judgment  of  the  w  itness,  the 
Itoy  drew  out  three  numbers,  and  Mr.  Sickles  called  off  four.  I  admit  most 
frankly,  tliat  if  this  was  all,  it  ought  tiot  to  be  presumed  tliat  3ir.  Sickles 
IS  guilty.     But  this  is  only  the  starting  point. 

Gentlemen,  Mr.  Sickles'  testimony  has  struck  you  with  astorjishment. 
I  will  go  farilier;  it  has  filled  you  with  regret.  Whatever  his  character 
may  have  been,  from  this  day  it  ceases  to  be  any  thinj;;  wliieh  you  can  re- 
spect. He  expressly  denied  in  the  first  instance,  that  he  had  ever  been 
ooncerned  as  owner  in  the  tickets  of  any  lottery  in  which  he  was  a  man- 
ager, during  the  drawing  of  ^uch  lottery.     Facts  were  in  tlie  knowledge  of 


98 

ihe  parties  by  which' tHe  truth  of  this  assertion  might  be  tried.  Me  was 
then  asked  this  question :  pray,  Mr.  Sickles  was  not  you  a  secret  contractor 
in  conjnnction  with  a  few  others,  for  the  purchase  of  nearly  all  the  tickets 
oi'on.;  lottery  in  M'hich  you  were  a  manager  at  the  time?  And  finding  this 
put  from  a  quarter  where  it  was  known,  he  was  compelled  to  answer  yes- 
And  he  was  not  only  one  of  those  contractors,  but  he  was  a  manager  act- 
ing at  the  wheel,  and  the  highest  prize  in  that  lottery  was  drawn  in 
part  to  him. 

I  go  further.  He  a  manager,  and  yet  a  contractor!  He  a  manager,  and 
yet  drawing  the  highest  prize !  He  a  manager,  and  yet  daring  to  come  for- 
ward here  and  say,  "  I  did  dare  to  violate  the  duty  imposed  on  me  by  the 
legislature  of  the  state!"  Is  this  the  man  of  piety?  What  man  of  piety  or 
morals  would  dare  to  march  along  as  he  has  done,  and  to  violate  his 
own  knowledge  of  his  duty  ?  Will  you  presume  to  trust  him,  clothed  iu 
infamy?  It  is  in  vain  that  Mr.  Le  Roy  and  others  appear  in  aid  of  his  past 
character.  Character  is  valuable;  but  it  must  stind  on  different  ground. 
When  I  had  the  honour  to  be  attorney  general  of  the  state,  Noah  Gardner 
was  arraigned,  a  pri^ner,  at  tlie  bar  of  this  court.  Before  that  time  his 
character  was  above  reproach  and  yet  he  was  guilt}'.  A  man  of  i-eal  char- 
acter shrinks  from  no  scrutiny,  and  suffers  by  none. 

Was  Mr.  Sickles  then,  the  man  for  Judah  to  tamper  with  ?  Was  he  the 
man  for  Judah? 

But  we  will  proceed  a  little  further.  The  more  I  examine  Mr.  Sickles' 
testimony — and  believe  me  Gentlemen>  it  gives  me  no  pleasure  to  pursue 
this  inquiry;  I  cannot  but  feel  for  the  very  respectable  connexions  of  Mr- 
Sickles,  men  whom  I  sincerely  respect,  men  whom  I  love,  men  whom  all 
must  look  upon  with  interest  and  esteem.  But  since  I  entered  into  life  I 
never  yet  shrunk  from  the  discharge  of  a  professional  duty,  and  I  will 
not  begin  now. 

First  however  let  me  call  your  serious  attention  to  Mr.  Den- 
iston — Mr.  Deniaton,  as  a  manager,  takes  an  oath.  Mr.  Deniston,  as  a 
manager,  is  well  known  to  Mr.  Sickles  And  why  does  he  take  the  oath? 
Why  do  the  legislature  impose  it  ?  To  guard  against  every  »vein  of  cor- 
r  uption.  And  yet  he  substitutes  Mr.  Sickles  to  act  in  his  place  as  a  man- 
ager. Was  it  not  enough  that  the  legislature  declared  their  intention  by 
imposing  the  same  obligation  of  an  oath  ?  They  never  meant  that  any  but 
sworn  managers  should  be  at  those  wheels;  yet  in  defiance  of  the  law,  he 
selected  a  man  for  that  duty  who  had  taken  no  oath  and  was  moreover  a 
holder  of  tickets  in  the  lottery. 

Gentlemen,  one  or  two  remarks  on  Mr.  Deniston's  testimony.  It  is  not 
tor  me  to  say  whether  his  statement,  as  to  who  were  the  proprietors  of 
the  prize  in  the  Owego  lottery,  be  true  or  not.  But  I  do  mean  to  say  that 
it  becomes  you  to  inquire.  Why  so  tardy  in  his  declaration  on  that  point  r 
He  is  told  of  the  rumour  implicating  Mr.  Sickles  as  part  owner ;  he  is  Mr. 
Sickles'  friend;  he  is  eager,  as  he  would  have  you  think,  to  keep  from 
the  management  every  thing  like  suspicion.  He  is  applied  to  in  the  pro- 
per manner,  because  he  is  applied  to  by  the  grand  jury.  Mr.  Wm.  Smith  toKi 
him  before,  clear  up  this  fact,  and  all  will  be  well.  The  fact,  however,  is 
not  cleared  up,  except  in  one  or  two  instances,  till  Mr.  Deniston  takes  his 
St  u)d  here  as  a  witness.  Why  ?  Fie  feared  the  applications  of  some  of  his 
poor  relations!  Gentlemen,  in  this  I  believe  him.  It  is  for  you  to  say 
whether  everything  is  hereby  accounted  for.  There  was  a  time  when  it 
might  have  been  of  some  service  to  him  to  inquire  further  into  the  circum- 
sta.ices  which  affect  his  character.     I  am  afraid  it  is  now  too  late.     It  csln 


00 

iieof  no  use  to  himnow  to  examine  further  the  suspicions  in  which  hi* 
character  is  involved.  I  do  not  wish  to  estabhsh  that  he  has  been  guilty  of 
fraud.  That  is  not  what  we  are  bound  to  do  in  order  to  make  out  the  de- 
fence I  only  add,  that  it  is  strange,  '  'tis  passing  strange,'  that  he  did  not 
unfold  this  business  before;  and  that  he  did  not,  is  suflicient  to  justify  Mr. 
Baldwin  in  the  suspicion  and  the  charge  of  unfairness,  in  respect  to  the  draw- 
ing of  the  530,000  prize. 

Let  us  now,  gentlemen,  return  to  Mr.  Sickles.  I  shall  be  very  brief.  I 
have  mentioned  the  testimony  of  Mr.  Smith,  I  make  that  the  ground  oi 
;ill.  Let  us  now  turn  to  the  testimony  of  Mr.  Haines.  Mr-  Sickles  told 
Mr.  Haines  that  he  w«s  to  be  a  manager  and  could  do  something  for  him. 
Mr.  Sickles,  however,  declares  he  made  no  such  declaration.  Gentlemeo, 
what  could  he  do  for  Mr  Haines  .^  What  is  the  interpretation  of  this  • 
One  interpretation  is,  that  he  could  get  tickets  for  him  on  better  terms  and 
oreditthan  he  might  otherwise  obtain.  Could  he?  He  could  not.  \ir 
was  not  allowed  by  law  to  do  so,  and  you  are  left  to  imagine  the  mean- 
ing of  his  promise  for  yourselves. 

Another  witness  is  Mr  Brooks.  But  he  says  Mr  Brooks  is  incorrect.  It 
is  remarkable  that  every  witne.ss,  who  speaks  against  him,  he  undertakes  tt> 
rontradict  He  told  Mr.  Brooks  they  could  play  into  each  other's  handi'. 
What  does  this  mean  ? 

The  next  witness  is  Mr.  Burtus.  Mr.  Sickles  told  Mr.  Burtus  that  he 
■eed  not  be  afraid  of  the  low  numbers  ;  they  were  not  in  the  wheel.  But 
he  denies  this.  Gtntlemen,  understand  the  full  force  of  the  observation. 
If  they  were  not  in  the:  wheel,  and  he  knew  they  were  not,  then  he  wa.s 
guilty  of  fraud  for  not  disclosing  the  fact  to  the  managers.  It  therefore  he- 
comes  all  important  to  him  that  Mr.  Burtus  should  not  be  believed.  Be- 
lieve him,  and  Mr  Sickles  is  not  to  be  believed.  It  is  immaterial  whether 
Mr.  Burtus  acted  «)n  the  information  he  received  from  Mr.  Sickles.  If 
Sickles  told  him  they  were  not  in  the  wheel,  and  if  number  3  did  not  come 
out  till  the  44th  day's  drawlns,  Mr.  Sickles'  character  before  the  court 
stands  forever  lost.  What  is  his  story?  W^hy,  I  told  him  that  owing  to 
the  mode  of  putting  the  numbers  into  the  wheel,  «nd  from  my  experience 
of  the  thing,  t  thought  he  need  not  be  afraid  of  the  low  numbers  coming 
out  early.  Gentlemen,  if  that  be  so,  these  managers  have  grossly  neglect- 
ed their  duty.  The  very  object  of  the  revolution  of  the  wheel  is  to  give 
ail  an  equal  chance.  You  must  be  satitfied  that  there  has  been  grosj 
neglect. 

Mr.  Burtus  told  Mr.  Sickles  he  was  sorry  he  had  given  him  the  informa- 
tion.    What  does  he  answer?     "I will  do  this  no   more."     "Mr 

Sickles,  make  not  me  your  confident  in  this  business."  "  I  have  told  it  to 
Mr.  Judah."  But,  gentlemen,  Judah  denies  it.  Did  you  expect  any  thing 
«lse  ?  Is  this  declaration  to  purchase  him  a  character  with  you  ?  To  Brooks 
he  says,  we  will  play  into  one  another's  hands.  Why  keep  it  a  secret  from 
other  insurers  ?  Do  you  believe  that  Judah  cannot  calculate  as  well  as  Mr 
Sickles  ?  or  that  Mr.  Burtus  cannot  ?  They  keep  their  books,  they  keep 
their  slips.  He  tells  you  he  was  seriou^i.  If,  then,  there  was  no  crime 
in  it,  why  any  secresy  ?  He  received  a  reprimand  at  the  time.  But 
when  the  consequences  of  his  guilt  began  to  threaten  bira,  he  has  the  assu 
ranee  to  go  to  these  very  gentlemen,  and  tell  them  he  was  in  jest — ye.s,  he 
deliberately  told  them  he  had  been  jesting — and  yet  in  this  very  court,  on 
that  very  stand,  he  has  declared  before  you  that  he  was  serious.  Gentle- 
men, can  you  listen  for  a  moment  to  the  statements  of  a  witness  like  this  ? 
In  jest — abont  what  ? — If,  gentlemen,  he  was  in  jest,  it  was  in  stating  that 


100 

Ihosft  numbers  treic  not  then  in  the  wheel.  He  did  then,  make  that  state- 
iHcnt.  His  testimony  confirms  tlie  testimimy  of  the  other  witnesses  on 
this  subject. 

Gentlemen,  I  might  rest  the  cause  here  ;  I  might  rest  it  on  the  guilt  of 
Jiidah.  Let  us,  however,  come  to  another  part  of  the  testimony  requiring 
more  than  the  oath  of  Mr.  Sickles  to  explain.  I  allude  to  the  3  high  num- 
bers, 142S4,  14265  and  14C79. — Bui-tus  had  ir)sured  on  one  number  in  the 
14000,  and  was  si-vereiy  hit.  Burtus  is  applied  to  for  insurance  on  these; 
he  is  pressed  ;  he  declines.  First,  then,  is  it  not  singular  that  Mr.  Seely 
should  press  him  on  these  three  numbers  ?  Why  ?  He  knew  they  were 
out  of  the  wheel  \  and  a  day  or  two  before  the  end  of  the  drawing  they 
are  actually  found  in  the  possession  of  Mr.  Sickles! 

If  the  facts  rested  there,  you  could  have  no  doubt ;  reasoning  would  be 
useless  ;  but  Mr.  Sickles  accounts  for  this — how  ?  Tiiat  about  this  time  a 
boy  found  three  or  four  tickets  under  the  stage,  and  that  he  at  the  same 
time  picked  three  tickets  out  of  a  crack !  Now,  then,  it  is  certain  these 
numbers  were  not  in  the  wheel  when  3Ir.  Seely  first  applied  to  Mr-  Burtus. 
But,  gentlemen,  before  the  grand  jury,  Mr.  Sickles  testified  that  he  had 
picked  out  ten  tickets  from  the  crack  !  It  won't  do  for  a  witness  soberly  to 
mistake  two  or  three  for  ten  ;  besides,  every  other  w  itness  testifies  that  it 
is  impossible  these  three  or  four  tickets  should  have  got  into  that  crack 
without  assistance.  And  what  is  still  more  extraordinary,  this  discovery  of 
the  tickets  in  the  crack  was  never  divulged  to  any  manager  of  the  lottery! 
The  four  that  were  found  by  the  boys  were  made  known,  the  others  never. 
And  supposing  Mr.  Sickles  found  only  three  tickets  in  the  crack,  has  he  ac- 
counted for  their  being  there?  Three  tickets  out  of  the  wheel!  and 
in  a  crack  under  the  earpet!  Mr.  Sickles  found  with  the  tickets  in  bi» 
posse.'ssion,  and  he  can  give  no  rational  account!  Mr.  Gilchrist  and  Mr. 
Bloodgood  were  present  when  they  are  said  to  have  been  found,  and 
neither  of  them  ever  before  now,  heard  of  the  tickets  found  by  Mr. 
Sickles! — Now,  what  shall  we  say  ?  Can  ther«  be  a  doubt?  And  yet 
you  are  called  upon  to  say  that  my  client  is  guilty  of  a  wicked  and  malicious 
lihc]  for  calling  the  attention  of  the  public  to  such  a  scene  as  this  which  I 
have  exhibited  before  you. 

One  word,  gentlemen,  as  to  the  soiled  tickets.  We  have  been  told  by  a 
witness,  and  he  a  gentleman  of  the  profession,  that  these  parties  were  satis- 
fied. He  waited  on  Mr.  Fay  for  liis  certificate-  And  we  are  told,  in  the 
same  breath,  gentlemen,  "Mr.  Drake,  will  you  sign  that  certificate?" 
"  No  "  WJiy  not  ?  "  I  don't  Hke  to  have  my  name  appear."  Yet  he  de- 
sires Mr.  Fay  to  sign.  And  why  notsign  with  him  ?  Because  he  durst  not 
say  the  tickets  were  not  soiled.  But  the  managers  tell  us  they  were  not 
soiled  as  if  worn  in  the  pocket  How  did  Mr.  Drake  think  they  were  soiled  ? 
'Tis  in  vain  to  tell  us  of  gentlemen's  delicacy.  The  very  next  newspaper 
informs  us  that  Mr.  Drake  is  one  of  the  satisfied  persons. 

filjome  fanciful  accounts  have  been  given  us  on  this  subject.  You  have 
examined  for  yourselvps,  I  will  not  detain  you  with  the  discussion  (*f  what 
you  are  best  qualified  to  decide  by  your  own  Inspection.  We  are  told  of 
the  tickets  having  undergone  a  great  many  manipulations,  and  of  other 
equally  weighty  conjectures ;  'tis  all  nothing.  You  will  consider  the  facts 
of  tlie  insurance,  the  mode  of  drawing  the  tickets,  the  soiling,  and  other 
circumstances  together,  and  judge  for  yourselves. 

Gentlemen,  I  have  taken  a  very  cursory  view.  1  have  not  put  the  cause 
on  the  question  of  malice  in  the  defendant,  though  he  must  appear  to  you 
to  have  been  malicious  and  to  have  written  in  malice,  before  you  can  con- 


101 

Vict  him.  He  stands  before  you  as  havinp  brought  to  light  a  course  of  a* 
•nefarious  proceedinjjH  as  were  ever  exposed  to  the  eyes  or  ears  of  a  jury 
Notliinjii;,  indeed,  hut  a  judicial  investigation  could  bring  this  business  of 
lottery  management  fully  before  the  public  Our  characters  are  interested 
in  the  result,  the  character  of  the  -whole  community  is  interested.  If  the 
facts  had  come  out  differently,  no  man  would  have  bi'<>n  more  gratified  than 
I  to  place  this  cause  on  the  mere  ground  of  inattention  on  the  part  of  the 
managers  of  the  lottery.  Mr-  Baldwin  had  no  motive  but  the  lore  of 
truth,  fairness,  and  the  public  interests.  He  has  even  sacrificed 
his  own  political  attachments  Hnd  connexions.  He  stands  before  you 
elevated  in  character  I  kliew  him  not  until  I  knew  him  here.  Aijd 
if  there  ever  was  a  man  that  deserved  praise,  he  is  the  man.  If  managers 
can  become  contractors,  if  managers  can  be  guilty  of  carelessness  like  that 
which  has  been  disclosed,  it  is  time  to  seek  a  remedy  for  such  evils. 

Gentlemen,  I  deceive  myself  if  the  result  of  this  trial  does  not  effect  the 
remedy  which  is  required.  We  are  told  that  one  of  these  men,  who  are 
now  making  the  most  conspicuous  figures  before  you,  is  to  be  a  manager 
by  and  by.  He  says  so  himself,  but  I  cannot  doubt  that  the  executive  ol 
this  state  knows  his  dutj',  and  the  legislature  know  their  duty,  too  well  to 
realize  his  expectations 

As  to  the  law,  gentlemen,  I  leave  it  to  be  explained  by  the  court ; 
the  facts  are  what  I  request  you  to  consider.  You  ought  to  require  only 
circumstantial  evidence.  If  you  ask  positive,  direct  proof,  I  think  you  do 
wrong.  Take  the  case  with  all  the  circumstances  ibrtt  belong  to  it  I  have 
done  my  duty,  not,  lam  afraid,  with  the  ability  you  may  have  expected. 
But  if  you  reflect  upon  the  plain  facts  as  I  have  set  them  before  you,  the 
result  will  show,  I  am  persuaded,  that  fraud  has  been  practised,  that  the 
managers  have  been  guilty  of  carelessness,  and  that  Mr.  Baldwin  deserves 
at  once  your  acquittal  and  your  commendation. 

Mr.   Ogden   succreded  Mr.  Hoffman   on   ihe  same   side,  and 
spoke  to  tlic  following  effect : 

Gentlemen  of  the  Jury, 

Fatigued  as  I  am,  and  as  you  must  be,  w  ith  the  length  of  the 
trial,  I  shall  detain  you  as  short  a  time  as  I  possibly  can,  without  failing  in 
the  duty  which  I  owe  to  my  client. 

That  it  is  a  strange  world,  gentlemen,  in  which  we  live,  is  an  old  observa- 
tion ;  and  if  any  man  ever  doubted  it,  let  him  doubt  no  longer.  The  pro- 
ceedings in  this  cause  have  proved  it  true  beyond  all  contradiction.  Here 
is  an  indictment  found  by  our  grand  jury,  not  against  the  men  whom  in  my 
soul  1  believe  to  have  been  guilty  of  dark  and  corrupt  villany,  but  against 
an  innoceot  individual,  who  has  had  the  boldness  to  come  here,  and  in  de- 
spite of  obstacles  and  dilTiculties  that  would  damp  the  courage  of  most 
men,  to  expose  a  series  of  transactions  equally  injurious  to  the  community 
at  laige,  and  to  the  managers  whose  characteis  have  b(  en  implicated.  Con- 
trary to  the  usual  course  in  criminal  proceedings,  the  unoffending  man  is 
the  person  accused,  while  those  who  are  really  guilty  are  called  upon  to 
giTe  evidence  against  him  : — And  it  is  on  them  that  you  are  in  fact  to  pro- 
nounce your  verdict.  Where  is  the  man  who  hears  me  that  does  not  know 
that  it  is  not  on  Mr.  Baldwin,  but  on  others,  that  the  decision  is  to  bemade.' 
Why  is  this  room  filled  with  spectators,  if  they  do  not  know  that  if  is  not 
to  inquire  whether  Mr.  Baldwin  is  a  libeller,  but  whether  a  number  of  per- 
?oa»,  some  of  them  of  high  standing,  have  violated  the  trusts  reposed  in 


Id2 

them  by  public  authorit}*,  that  this  trial  is  proceeding  ?  It  is  well  for  the 
interest  of  this  roramiinity  ;  it  is  well  for  those  charged  witli  fraud  in  this 
pretended  libel,  that  they  have  been  themselves  heard  and  under  their 
own  oaths  And  if  after  all,  they  are  convicted,  it  is  not  because  they  have 
not  had  a  fair  trial. 

The  di>f«'ndatit,  gentlemen,  is  a  stranger  to  me.  I  never  knew  him  till 
after  the  indictment  Avas  found  against  him.  I  never  he,ard  of  him  or  of 
his  paper  until  this  prosecution  brought  him  to  my  acquaintanc«.  He  has 
thought  proper  to  confide  to  me  a  part  in  his  defence;  aqd  I  do  trust  in 
God  he  will  not  find  his  confidence  misplac<:d. 

The  truth,  however,  is,  that  never  in  the  course  of  my  long  practice,  did 
I  rise  under  more  unpleasant  feelings  to  address  a  jury.  I  am  sorry  that  I 
must  injure  the  character  of  Mr.  Sickles  ;  and  especially,  for  the  sake  of 
his  connexions,  whom  I  have  long  respected.  But  I  am  under  an  impe- 
rious sense  of  duty,  which  leaves  me  no  choice.  I  stand  here  as  a  minister 
of  public  justice,  and  I  should  be  wanting  to  myself,  my  country,  and  the 
profession  to  which  I  belong,  if  I  did  not  proceed  according  to  my  convic- 
tions and  the  facts  of  the  case. 

Gentlemen,  the  question  for  you  to  determine  is,  whether  there  has  or 
has  not  been  fraud  somewhere  in  the  management  of  our  lotteries,  I  mean 
to  put  my  client's  case  on  that  broad  ground.  If  you  are  of  opinion  with 
mc  here,  you  will,  without  retiring  from  that  box,  declare  your  verdict  for 
the  defendant 

Has  there  been  fraud  ?  This  number  15,463  does  not  stand  alone-  Be 
it  remembered,  that  when  they  went  to  examine  and  found  it  soiled,  they 
told  Mr.  Gilchrist  to  look  also  for  S8«5  and  30;— and  why  ?  They  had  all 
been  insured.  They  told  Mr.  Gilchrist  to  look  at  these  two  other  numbers 
and  see  if  they  were  not  soiled.  (Mr.  Wells.)  There  is  no  proof  of  that 
insurance.  (Mr.  Ogden.)  Sir,  why  should  they  have  hit  on  those  numbers 
if  they  were  not  insured  ?  And  they  were  all  soiled.  At  any  rate,  although 
witnesses  have  been  examined  to  prove  that  15,468  was  not  soiled,  there  is 
BO  proof  offered  to  show  that  the  other  numbers  were  not. 

This  soiling  of  the  tickets  is  one  circumstance  of  fraud.  What  other 
evidence  have  we  ?  Mr.  Judah  goes  to  Mr.  Thome,  and  tells  him  this  num- 
ber 15,468  has  been  dreamed  about.  Did  he  tell  him  at  that  time  that  he 
had  received  an  anonymous  letter?  No.  Did  he  tell  him  there  was  his 
authority  .'  No.  Afterwards,  at  9  or  10  o'clock,  he  calls  again,  and  is  told 
the  insurers  Avon't  pay.  What  is  his  reply  ?  Does  he  produce  the  letter  ^ 
No-  But  he  says  he  is  sorry  for  it  if  there  has  been  fraud-  Mr  Thome 
swears  he  never  did  tell  him  of  the  letter;  and  Judah  himself  does  not 
pretend  that  he  did  say  any  thing  of  it  to  him. 

But  why  did  he  apply  to  Thorne .?  Had  he  ever  done  so  before  ?  Mr. 
Thorne  says  no.  He  has  got  this  creature,  Moses,  to  say  he  had.  But  he 
never  did  till  that  time; — and  uhy  tell  Thorne  to  keep  his  name  a  secret? 
Mr-  Thorne  swears  he  did  tell  him  so.  Why?  If  Judah  meant  no  fraud, 
where  is  tiie  reason  ?  Honesty  does  not  seek  concealment ;  honesty  does 
not  seek  to  hide  its  face.  There  is  no  better  evidence  of  fraud  than  this 
kind  of  secresy-  And  remember  that  Mr.  Thome's  testimony  is,  in  this, 
uncontradicted  by  either  Moses  or  Judah. 

But,  gentlemen,  Mr.  Judah  swore  that  he  received  an  anonymous  letter. 
Where  is  it?— He  destroyed  it-  When?  After  this  controversy  had 
arisen,  aft(;r  these  publications  of  the  defendant  had  been  made  in  the  face 
«f  the  world,  Mr-  Judah  destroyed  the  very  document  by  which  he  might 
•therwise,  perhaps,  have  sustained  his  defence  against  the  charges  brought 
upon  his  conduct.     If  he  had  a  genuine  letter  of  that  description,  do  you 


1«3 

Wlieve  he  would  have  destroyed  it?    Would  he  have  parted  with  the 
only  means  of  defence  he  had  ? — Impossible. 

Again,  why  is  it  not  produced  ?  Because  he  feared  the  handwriting 
might  be  traced.  He  \vas  afraid  some  unfortunate  witness  for  him  might 
iiave  been  found  who  might  say  that  such  a  person  wrote  it.  It  was  there- 
L'jre  safest  to  destroy  this  evidence  which  would  probably  have  shown  that 
ke  had  been  guilty  of  forgery  too. 

But  gentlemen,  who  wrote  this  letter?  If  it  was  Judah's  friend,  why 
does  not  that  friend  come  forward  now  to  clear  up  his  reputation  ?  If  a 
friend  wrote  it,  it  must  have  been  from  friendship.  And  yet  if  Mr.  Judah 
is  to  be  l)elieved,  that  friend  suffers  him  to  be  dragged  before  this  jury,  and 
his  reputation  destroyed,  without  t.iking  the  trouble  to  appear  \n 
his  behalf  in  such  an  extremity. 

Again,  Did  Mr.  Judah  think  this  letter  unimportant  ?  Was  he  not  con- 
vinced that  every  writing  of  defence  would  be  necessary  to  him  ?  But  h« 
pi-eserves  this  letter  of  the  insurers  to  him.  And  why  ?  Because  he  knew 
it  was  necessary  to  show  his  innocence  before  the  jury.  Why  did  not  the 
same  caution  make  him  kei-p  the  other  ? 

Again — what  is  Mr  Judah's  conduct  when  first  informed  that  the  in- 
surers refuse  to  pay  ?  He  calls  them  rascals.  He  says  he  will  knock 
down  any  man  who  shall  suspect  his  honesty — and  yet,  the  moment  he 
finds  the  business  is  going  to  b»;  developed,  he  changes  his  tone,  he  gives 
up  his  policies,  and  like  a  guilty  coward  he  yields  every  point.  Would  this 
have  been  the  conduct  of  an  upright  man  ?  Such  a  man  would  have  .set 
the  threatened  investigation  at  defiance. 

Again — He  tells  those  gentlemen,  as  an  inducement  for  giving  up  the 
policies,  I  have  been  your  friend,  I  have  tried  to  prevent  you  from  being 
indicted  by  the  grand  juries  in  which  I  have  served.  What  is  the  language 
of  this  ?  I  have  had  it  in  my  powe,r  to  have  you  indicted,  but  I  neglected 
my  own  duty  to  screen  you.  Only  do  me  now  the  favour  to  tike  back 
ihe  policies  and  hush  the  matter  up 

But  Mr.  Judah  says  he  wa*>  actuated  by  diflFerent  motives.  He  says  he 
settled  with  Mr.  Smith,  and  yet  afterwards  gave  back  the  money.  Gen- 
tlemen, where  is  this  Daniel  Smith,  that  he  has  not  been  sworn  to  this? 
How  happens  it  that  this  Mr.  Smith  has  not  appeared  here  in  court  to  cor- 
roborate Mr.  Judah  in  that  important  fact?  His  absence  speaks  louder 
than  any  thing  he  could  say  if  he  were  here.  Judah  knew  that  Smith 
would  not  support  him  if  he  were  to  be  present,  and  therefore  he  is 
absent. 

Gentlemen,  whether  those  tickets  were  or  were  not  soiled,  I  do  not  mean 
to  discuss  before  you.  Mr  Gilchrist  swears  that  before  16468  was  exa- 
mined by  any  body  he  found  that  it  was  soiled.  He  still  continues  of  the 
same  opinion. 

But  you  are  told,  and  will  be  again,  on  the  other  side,  that  the  course 
Mr.  Baldwin  has  taken  is  most  extraordinary,  because  the  insurers  all  were 
satisfied,  and  avowed  their  satisfaction.  Why  satisfied  ?  Because  they 
had  gotten  their  money  back!  They  had  no  further  purpose  to  answer: 
and  tliey  were  willing  that  the  subject  should  be  put  at  rest.  Did  these 
gentlemen  even  pretend  they  were  satisfied  respecting  Judah  s  inno- 
cence ? 

But  genllemen,  are  you  satisfied  ?  You  have  a  view  of  the  whole  ground: 
thty  had  not.  The  question  is  whether  you  are  satisfied,  and  not  whether 
they  were  at  the  time. 

Gentlemen,  have  you  now  any  doubt  that  there  has  been  fraud  in  re- 
gard to  theiie  aumbera  ?    If  there  haf,  Mr.  Jud.-Ui  could  not  commit  it 


104 

alone.  A.nd  I  think  you  will  say  that  his  coti federate  in  that  fraud  has  been 
3Ir.  Sickles.  The  managers  are  acquitted.  The  boys  are  acquitted.  Who 
then  had  access  to  those  wheels,  besides  tlie  boys,  the  managers,  and  Mr. 
Sickles  ?  Nobody.  It  is  then  utterly  impossible  that  Mr.  Sickles  was  not 
guilty. 

Gentlemen,  in  considering  the  conduct  of  Mr.  Sickles,  I  repeat  that  it  is 
one  of  the  must  unpleasunt  duties  that  ever  occurred  in  my  professional 
life.  I  am  aware  that  iiis  character  has  ht- retofore  been  good  and  irre-^ 
proachable.  And  his  family  connexions  are  some  of  the  most  estimable 
citizens  to  be  found  among  us.  Added  to  this,  he  is  a  man  far  in  years, 
he  is  a  member  of  tlu;  Dutch  church  ;  and  he  ought  on  every  account  to 
have  avoided  putting  himself  in  the  way  of  reproach  or  even  of  suspicion. 
You  will  naturally  ask,  what  motive  could  he  have  had  for  conduct  like  that 
with  which  he  is  now  charged-  Gentlemen,  it  is  impossible  for  us  to  enter 
into  his  bosom  and  search  out  the  motives  which  may  have  had  exist- 
ence there.  It  is  an  inquiry  between  himself  and  his  God.  Fropti  the 
bottom  of  ray  heart  I  am  sorry  for  him.  But  sorry  or  not,  it  is  my  duty 
to  say  that  the  evidence  in  this  case  fixes  indelibly  upon  him,  the  brand  of 
misconduct  and  of  fraud. 

Gantleuien,  if  these  numbers  that  were  lost  and  picked  up  had  ever  been 
put  into  the  wheel,  who  put  them  in  ?  Mr.  Sickles  was  the  only  man 
who  assisted  the  managers  in  putting  in  the  tickets  The  managers  are 
acquitted.  Mr.  Sickles  then  was  guilty  of  withholding  them  from  the 
wheel,  if  they  were  withheld. 

Again,  if  the  numbers  had  been  originally  in  the  wheel,  and  w-ere  fraudu- 
lently taken  out  afterwards,  it  was  either  the  manager,  the  boys,  or  Mr. 
Sickles,  that  did  it.  The  two  former  are  acquitted  on  all  hands ;  and  there- 
fore Mr.  Sickles  alone  remains  subject  to  the  imputation  of  the  fraud. 

But  you  will  be  asked  why  should  the  charge  be  laid  on  Mr.  Sickles  ? 
Has  not  the  evidence  justified  this  ?  He  has  himself  sworn  to  you  this 
day,  that  never,  while  he  was  a  manager  of  a  lottery,  was  he  the  owner  of 
a  ticket  in  that  lottery.  He  said  this  over  and  over  again.  And  yet,  in 
his  cross  examination,  he  confessed  that  he  had  been  one  of  the  secret 
contractors  who  became  the  owners  of  nearly  all  the  tickets  in  a  lottery  of 
which  he  was  a  manager- 

Again  he  has  sworn  before  you,  (although  he  had  before  sworn  as  I 
have  stated)  that  these  very  contractors  drew  the  highest  prize  in  that 
lottery.  Gentlemen,  could  he  have  forgotten  this  circumstance  ?  Is  it 
possible  he  should  have  forgotten  that  lie  h.id  shared  one  sixth  of  that 
very  prize  ?  Gentlemen,  I  must  say  that  he  lioped  it  was  not  known,  and 
that  he  might  thus  pass  undetected- 

Is  this  the  only  thing  ?  Mr.  Sickles  told  Mr.  Burtus  and  Mr.  Brower 
tliat  they  need  hot  be  afraid  of  the  low  numbei-s.  Mr.  Burtus  says  he 
told  him  those  numbers  were  not  in  the  wheel.  Gentlemen,  I  do  not  know- 
Mr.  Burtus-  You  saw  him.  He  will  probably  not  live  long,  he  is  sick, 
perhaps  on  the  brink  of  his  grave,  and  yet  he  swears  that  Mr.  Sickles  did 
»)  ike  to  him  such  a  communication.  Mr.  Sickles  tells  us  that  having 
made  it  to  Mr.  Burtus,  he  thought  it  his  duty  to  communi«:atei  the  same 
thing  to  Mr.  Brower  Why.'  They  were  both  his  friends;  he  did  not 
wish  to  give  one  an  advantage  which  he  withheld  from  the  other. 

But  after  these  charges  have  been  brought  against  Mr.  Sickles,  and  his 
character  becomes  involved  in  the  question  of  fact  respecting  them,  we 
find  him  going  to  those  gentlemen  and  telling  tiiem  not  to  mention  what 
he  had  said  to  them.  And  yet  we  are  now  told  that  he  was  then  in  jest, 
•  nd  can  youberieve  him.'  (Court.)  No,  Mr.  Ogden ;  Mr.  Sickles'  own  tes 


105 

titnony  is,  that  he  was  serious  in  what  he  said  to  thfm  ;  but  he  has 
Binre  told  them  that  he  had  been  in  jest.  (Mr.  Ogdcn)  So  much  the 
worse. 

YcH  ;  Mr.  Sickles  does  say  tliat  he  afterwards  told  them  he  had  been  in 
jest,  and  that  he  did  this  to  prevent  tlie  thin^  from  beinj;  made  public 
That  is,  he  told  those  gentlemen  a  palpable  falsehood — or  else  lie  has  pre- 
varicated— the  coiiiisei  may  have  it  which  they  will. 

Is  there  any  other  fact  ?  Mr.  Sickles  goes  before  the  grand  jury  and 
testifies  that  he  picked  out  of  a  crack  ten  tickets.  What  does  he  say  now  ? 
why,  that  he  did  say  so  before  the  grand  jury,  but  that  he  now  thinks  he 
was  mistaken.  He  says  he  was  told  by  the  bpys  that  they  had  picked  up 
fft?ec  or  four.  He  did  not,  however,  go  and  search  where  those  were  found — 
but  as  if  guided  by  some  miraculous  aid,  as  Judah  was,  he  went  directly 
and  turned  up  the  carpet  on  the  very  spot  where  he  found  fllJ«e  other  tick- 
ets. And  did  he  tell  any  body  of  his  singular  discovery  ?  No-  Did  he 
say,  why  here  are  three  more  tickets !  Here  is  a  parcel  of  tUcm  in  a  crack  I 
not  a  word  of  the  kind.  He  says  he  took  them  up,  that  he  told  the  fact  to 
the  managers,  and  that  they  told  him  to  keep  them  till  the  last  day's  draw- 
ing. Gentlemen,  Mr.  Gilchrist  has  been  sworn,  Mr.  Gilbert  has  been 
sworn,  and  several  others  have  been  sworn,  who  all  have  said  that  they 
never  beard  of  these  tickets  till  this  unfortunate  old  gentleman  disclosed  the 
information  here!  Now,  if  Mr.  Sickles  did  find  more  than  three,  he  must 
have  destroyed  some  of  those  which  the  boys  found  and  substituted  others. 
Gentlemen,  they  were  all  in  the  fourteen  thousand.  Mr.  Sickles  had  been 
told  before  by  Mr.  Burtusthat  a  man  had  urged  him  to  take  a  policy  on  those 
lumbers  that  they  would  not  come  out  till  the  last  day.  And  I  ask,  Gen- 
tlemen, if  this  was  not  Mr.  Sickles'  motive  at  that  time  ?  What  business 
bad  he  to  go  and  show  those  to  Mr.  Burtus,  to  a  man  who  might  take  ad- 
vantage of  the  disclosure  ?  If  they  were  entrusted  to  him  as  he  swears 
they  were,  it  was  under  as  great  a  moral  obligation  of  confidence  as  it  is 
possible  to  conceive.  And  he  violated  the  trust.  He  went  and  disclosed 
the  numbers  of  the  tickets — Gentlemen,  he  must  have  had  some  motive — 
he  did  not  say  here  what  was  the  motive.  When  therefore  you  find  him 
violating  his  trust  and  unwilling  to  assign  the  motive,  you  must  assign  one 
for  him. 

Gentlemen,  these  Three  numbers  were  not  only  kept  out  of  the  wheel, 
but  after  they  were  put  in,  one  of  them  drew  a  ten  thousand  dollar  prize. 
The  prize  belonged  to  a  gentleman  up  the  North  River  against  whom  I  do* 
not  certainly  moan  to  bring  any  accusation.  And  whether  there  was  any 
fraud  in  the  drawing  of  that  prize  is  now  unknown. 

Well,  do  we  stop  here  ?  Is  there  not  other  ground  to  suspect  Mr.  Sick- 
les ?  He  goes  to  Mr.  Brooks,  and  Brooks  informs  you  that  he  told  him 
that  if  he  would  get  a  note  discounted  for  him  in  Mr.  Barker's  Bank,  he  was 
going  to  be  a  manager,  and  "  theif  could  play  ijito  one  cmother^s  hands.^* 
Gentlemen,  you  will  be  told  the  meaning  of  this  was,  that  he  w  as  to  soil 
tickets  to  Mr.  Brooks.  But  he  would  be  bound  to  sell  tickets  to  any  body 
tliat  should  apply.     It  was/ou/  play  that  was  intended. 

Gentlemen,  he  tells  Mr.  Haines,  I  want  a  sum  of  money — and  then  of- 
fers, as  an  inducement  for  him  to  ask  an  old  woman  of  his  acquaintance  for 
it,  that  he  is  going  to  be  a  manager,  and  "  may  be  able  to  scri'e  him  in  turn  .'"■ 
He  ui5ed,  thei*efore,  this  circumstance  of  his  being  likely  to  becorpe  a  mana- 
per,  for  bis  private  convenience,  as  a  consideration  on  which  he  was  to  pur- 
chase favours  and  accommodations ! 

We  Come  now  to  the  Owego  Lottery  How  was  that  prize  ticket  drawn'? 
Mr  .  Strkl«s  says  he  held  tip  bis  hand — and  b«*  produceU  a  boy  to  C&nfirna 

14 


10(3 

hh  tostinjouy,  and  ihe  l)oy  says  he  did  not  hold  up  his  liand  in  the  manner 
hij  has  sworn  tliat  he  did.  And  again,  we  have  a  witntss  on  the  part  of  the 
iiefendai)t,  who  swore  positively  that  he  put  his  hand  in  the  wheel  with- 
out holding  it  up.  I  do  not  care  whether  it  went  under  his  coat  or  not. 
No  matter.  He  says  his  arm  has  been  hurt  with  a  knife,  and  that  it  is  apt 
fo  get  weary  with  the  exercise  of  drawing,  and  occasionally  slips  down  by 
leason  of  the  injury  and  the  fatigue  together.  Gentlemen,  this  was  the 
very  first  ticket  drawn  out  of  the  wheel  that  day.  Of  course  there  was  no 
fatigue. 

He  was  not  a  manager  of  that  lottery.  The  managers  were  all  of  New- 
.Ter:?ey,  and  they  did  not  know  how  these  things  were  done.  Mr  Sickles 
lias  taught  them  by  his  example.  But  he  said  it  had  been  considered 
by  other  managers  derogatory  to  hold  up  the  hand. 

But,  then,  what  motive  could  Mr.  Sickles  have  for  practising  a  fraud  in 
the  drawing  of  that  prize?  Gentlemen,  Mr.  Deniston,  from  Albany,  has 
been  f>roduced  as  a  mtness  befnrre  you.  Mr.  Deniston  himself  says,  that 
hehas  hitherto  told  and  persevered  in  a  direct  falsehood  on  the  subject  of  the 
ownershipof  the  prize.  Nay,infinitely  worse,he  tells  you  thathe  prevaricated 
bf  fore  the  grand  jury,  so  as  to  leave  them  to  believe  that  he  did  not  own 
the  whole  ticket ;  and  yet  he  says,  the  fact  was,  that  he  did  own  it !  And, 
now  I  leave  it  to  you  to  say,  whether  you  are,  under  these  circumstances, 
bound  to  give  any  faith  to  Mr.  Deniston's  statement,  and  to  graduate  the 
.flifference  between  such  conduct  and  perjury  itself.  It  is  evident  what  the 
grand  jury  thought. — They  did  not  know  that  they  had  a  right  to  ask  who 
■was  the  owner  of  the  other  half  of  the  ticket.  Mr.  Deniston  then  knew 
that  he  was  giving  them  a  false  impression,  that  he  was  prevaricating,  and 
I  may  say,  jesting  under  oath  before  the  grand  jury ! 

If  then  there  is  ground  to  suspect  Mr.  Deniston  in  one  part,  why  not  in 
nil .'  What  confidence  can  you  have  in  a  man  who  admits  that  he  has 
been  in  the  habit  of  uttering  falsehoods,  no  matter  from  what  motive,  and 
who  has  been  guilty  of  such  conduct  as  I  have  described  when  under  the 
solemn  obligation  of  an  oath?  Gentlemen,  he  has  even  prevaricated  be- 
fore this  jury.  He  has  used  here  the  same  kind  of  language  when  on  his 
direct  examination  that  he  did  before  the  grand  jury.  (Mr.  Wells  here  in- 
terrupted the  speaker  by  some  contradiction  of  his  statement  respecting 
Mr.  Deniston's  testimony.  Some  conversation  ensued  between  the  coun- 
sel and  the  court.  And  at  length  his  honour  the  mayor  expressed  his 
opinion  that  Mr.  Ogden  was  correct.)  At  any  rate,  gentlemen,  it  was  such 
as  induced  me  to  believe,  that  My.  Deniston  owned  but  half  of  the  prize, 
which  on  his  cross  examination  he  declared  to  be  all  his  own. 

Gentlemen,  is  there  any  other  ground  to  suspect  Mr.  Sid^les  ?  The 
ticket  15,468  was  not  drawn  directly  from  the  wheel,  and  then  called  off 
by  him.  It  is  proved  before  you  that  the  boy  threw  thkee  tickets  into 
liis  lap,  and  he  called  off  four! 

Under  all  these  circumstances,  inasmuch  as  this  old  gentleman  was  the 
only  person  who  had  access  to  the  wheels,  and  tickets,  besides  the  mana- 
gers and  the  boys,  Mr.  Sickles  must  be  guilty.  Judah  could  not  have  got 
at  the  thing  in  any  other  way. 

I  have  now,  gentlemen,  gone  through  with  what  I  meant  to  say  on  the 
^.uhjict  of  fraud.  I  sincerely  hope  the  evidence  may  not  strike  your 
minds  :'S  it  hasmine.  I  hope  you  may  be  able  to  say  that  Mr.  Sickles  is 
jiot  guilty.  ■ 

Bui,  gentlfni'-n,  even  if  he  is  not  this  guiltj'  man,  you  are  still  bound  to 
acquit  the  defendant.  If  this  lottery  has  been  so  conducted  as  to  giv» 
i-jyuds  forsusoicion,  it  i.';  enough,  and  you  are  of  en-—  • 


107 


client  of  any  oifence  in  thinking  and  publishing  as  lie  has  done;  and  the 
court  will  tell  you  that  the  law  is  so.  In  order  to  convict  him  at  alt,  y«M 
must  convict  him  of  malice. — Malice  in  what  ?  Malice  in  callingup  a  sub- 
ject of  this  kind  for  public  investigation  !  It  was  his  duty— it  was  his  duty 
to  spread  it  out  before  the  public  and  the  world  ;  and  if  there  has  been  ah 
error  in  the  management  of  our  lotteries,  to  take  care  that  the  evil  be  cor- 
rected. 

I  have  gone  throURh. — I  hope  it  may  be  possible  for  you  to  say  that 
there  has  not  been  fraud.  You  must  indeed  determine  on  that  point.  But 
I  shall  be  gratified,  if  there  has  been  nqne,  to  iiuve  the  jury  find  llwi  fact 
to  be  so. 

4fter  Mr.  Ogden  sat  rZowu,  Mr.  J  Ay  proceeded  to  the  sunimnig 
up  of  the  evidence  on  /he  side  of  the  prosecxdion — ivid  spoke. 
substantially  as  folloxos : 

Gentlemen  of  the  Jurt, 

Feeling  as  I  do  very  sensibly  for  the  interests  of  my  clit-nts^l 
cannot  but  be  also  sensible  of  the  very  disadvantageous  circumstances  in 
which  I  rise  to  address  you.  The  jury  have  been  listening  for  a  diiy  and  ;i 
half  to  the  other  side,  IJtefore  they  came  to  h«'ar  the  witnc^i^es  that  have 
been  sworn  in  behalf  of  the  prosecution.  It  is  scarcely  possible  they 
should  have  come  at  last  to  hear  the  testimony  of  those  witnesses  withonf 
a  considerable  bias  upon  their  minds.  In  addition  to  that,  they  have  now 
heard  eloquent  speeches  made  by  some  of  the  most  able  men  at  the  bar. 
It  is  as  much  as  is  expected,  gentlemen,  that  you  will  give  us  a  fair  atten- 
tion— an  attention  arising  from  your  sense  of  duty  to  yourselves  and  to 
society. 

The  allegation  of  the  defendant  is,  gentlemen,  that  there  has  hern  a  deep 
laid  scene  of  villany  in  tin;  manHsement  of  our  lotteries.  One  of  thi- 
counsel  on  the  other  side  has  said  that  this  will  Ihi  sufficiently  made  out,  if 
it  appears  that  any  fraud  has  existed  in  connexion  with  the  subject,  I  <lo 
not  understand  it  so.  It  is  an  old  saying,  that  the  <liff\nnee  is  great  be- 
tween cheating  and  being  cheated.  Suppose  I  should  take  upon  me  tu 
say,  there  has  been  villany  and  swindling  in  the  management  of  your  mer- 
cantile affairs.  Would  you  be  satisfied  with  niy  conduct,  if  it  merely  ap- 
iieared  that  one  of  your  correspondents  had  rommitted  a  fraud  on  yon - 
it  does  not  follow,  that  because  a  fraud  has  been  commited  of  nhich 
you  have  no  knowledge,  therefcxe  you  are  guilty. 

It  has  been  said  that  there  has  been  fraud  practised.  By  whom  ?  Not 
by  the  managers.  Yet  they  still  impute  to  the  managers  carelessness  in 
permitting  these  things  of  which  you  have  hwu-d.  It  is  admitted  on  n\i 
hands,  that  no  suspicion  of  fraud  attaches  to  him  who  found  the  ticket  in 
his  clothes.  If  it  had  been  found  on  my  unfortunate  client,  Mr.  Sickles, 
what  would  not  then  have  been  said,  what  accusations  «ou!d  not  hav*; 
been  heaped  upoii  him  ? — Another  manager  nodded  while  the  drawinj^ 
was  going  forward.  What  then?  It  was  not  a  fraud — itwns<inly  negli- 
gence.— Another  manager.  General  Johnson,  had  the  tir.Ucts  l.iid  too  fjist 
upon  his  knee.     Ag;iinst  Mr.  M'Lean,  indeed,  nothing  has  been  said. 

Gentlemen,   when  these  managers  were  appointed,  w«Me  they  uot  au- 
thorized to  emplfi}'  clerks,  and  other  persons  necessary  to  the  oonvenii n! 
discharge  of  their  duties,  as  they  thoueht  proper  r     If  tli>ii.  they  were  au 
thoi\/,ed  to  appoint  a  person  to  Mr.  Sickles'  office,  could  they,  on  tin: 
whole  have  made  a  better  selection?    They  cho?e  a  man  wjjojc  charagte.r 


108 

stood  ;ls  ra'ii  iu  every  point  of  view  as  any  other  which  they  could  have 
roniid  in  the  community.  Where  was  the  impropriety  of  this?  The 
office  required  integrity — and  Mr.  Sickles'  integrity  was  unimpeached. 

Again,  they  employed  a  boy  to  draw  with  a  sleeve,  instead  of  having  it 
done  with  the  naked  arm.  Now,  gentlemen,  this  is  the  manner  of  draw- 
ing whi('h  has  prevailed  for  many  years.  The  boys  are  not  convictid  of 
fraud  in  any  case,  however  far  back  they  go.  Yet  this  is  culpable  negli- 
gence to  appoint  boys  in  this  business. — Is  this  fair.'  And  even  an  im- 
provement in  the  article  of  the  sleeve  is  thrown  in  the  teeth  of  the  mana- 
gers.—Is  this  fair  ?  But  it  is  said  that  in  England  no  mistakes  occur.  How 
do  we  know  this .'  A  gentleman  informs  mc  that  he  has  seen  a  c^se  of  » 
a  suit  respecting  a  ticket  which  had  never  been  drawn. 

Gentle-non,  would  it  not  be  a  miracle  if  in  that  immense  mimber  of 
tickets  which  have  been  put  into  the  wheel  and  drawn  from  it,  in  the  short 
spiice  of  time  allotted  to  the  drawing  of  a  letter}',  no  single  accident  should 
have  occurred  ?  It  would  have  been  a  greater  wonder  than  that  a  few 
mistakes  should  have  arisen. 

Before  we  leave  the  managers,  gentlemen,  let  us  consider  the  case  of 
Mr.  Deniston.  He  is  charged  with  perjury — what  is  the  proof?  He  held 
a  ticket  in  the  Owcgo  lottery,  and  it  was  a  prize  !  It  is  said  that  Mr.  Sickles 
drew  it,and  that  he  corrupted  him  todraw  it — Why,  there  is  a  witness  who 
says,  that  when  Mr.  Sickles  drew  that  ticket,  he  let  his  hand  drop  partly 
under  his  coat  ?  Were  was  the  use,  then,  of  his  holding  up  his  hand  ? 
The  fraud  might  have  been  committed  in  this  way  as  well  as  if  he  had  not 
held  up  his  hand.  Gentlemen,  the  boy,  Gregory,  is  either  to  be  believedj 
or  he  is  not.  In  the  one  c-ise  Mr.  Sickles  did  hold  up  his  hand — in  the 
other,  you  must  contradict  another  witness  who  confirms  the  boy's  testi- 
mony. Doubt  not  that  the  boy  speaks  the  truth.  In  fact,  his  statement  is 
sufficient  to  reconcile  all  three  of  the  witnesses  who  have  testified  on  this 
point. 

But  Mr.  Deniston  h.as  said  that  he  had  a  part  owner  with  h'm  in  that 
prize.  Mr.  Deniston  never  swore  to  that.  In  saying  it  he  certainly  did 
wrong.  But  are  you  therefore  to  disbelieve  him  when  he  comes  to  swear 
before  you  ?  He  told  Capt  Roorbach  and  Mr.  Waite  that  he  was  the  sole 
owner.  Those  gentlemen  came  here  and  tell  you  he  did.  Before  he  went 
before  the  grand  jury,  he  took  their  foreman  Mr.  Price  aside,  and  begged 
that  he  misht  not  be  pressed  on  that  point.  But  the  gentlemen  say  he 
prevaricated.  He  did  not.  He  was  not  bound  to  answer  to  every  thing 
that  mii;ht  be  asked,  but  only  to  material  questions. — But  it  is  sai<l  that  he 
{>revaric,ited  heri^.  On  that  point  I  have  not  a  doubt.  Mr.  Deniston  de- 
nied that  any  of  his  connections,  or  friends,  or  that  Mr.  Sickles  hjid  any 
interest  with  him  in  the  prize  This  was  on  his  direct  examination.  But 
when  the  court  obliged  him  to  an.swer  the  question  put  by  the  other  side, 
he  then  admitted  fully  that  he  was  himself  the  sole  owner. 

A  nd  these  two  facts  are  the  basis  of  the  serious  charges  that  are  brought 
ag.tinst  Mr  Deni'ston. 

If  Mr.  Dvniston,  gentlemen,  had  been  pondering  a  fraudulent  conceal- 
ment., would  he  have  ever  proclaimed  to  the  pul)lie  that  he  had  a  private 
part  owner  with  him  in  that  ticket?  He  used  no  secresy  in  huyiog  the 
ticket;  he  was  understood  to  be  the  owner;  Mr.  Allen  wrote  him  a  letter 
to  Inform  him  that  the  prize  was  his.  No  rogue  would  ever  have  d«»ne  as 
lie  did  ;  there  is  no  possible  motive  for  it. 

But  immediately  aftei-  this  transaction,  we  find  Mr.  Sickles  to  be  in  want 
of  monty.  He.  is  pressed  ;  he  is  oblfged  to  borrow,  to  borrow  in  various 
pflii'Mrs  :  .'uid  he  i*  cvon  bronnlit  to  the  necessity  of  putting  his  house  and 


109 

home  under  mort^a^e  to  get  money.  Would  these  difficulties  have  occui^ 
ed,  if  he  was  in  truth  the  sharer  of  that  prize? 

One  other  charge  is  made  against  3Ir.  Denjston,  gentlemen.  It  relates 
to  the  present  lottery.  It  is  said  that  he  was  concerned  in  buying  tickets 
with  Mr.  Sickles-  Do  you  believe  that?  There  was  a  number  of  llie 
friends  of  Mr.  Deniston  at  Albany,  who  wished  him  to  get  some  tickets 
for  them,  if  possible  ;it  first  cost  Mr.  Sickles  wanted  thirty.  Mr.  Deuistoo 
for  them,  tAventy.  The  fifty  are  bought.  Mr  Deniston  takes  the  twenty  to 
Albany,  and  delivers  them  over  to  the  persons  for  whom  he  bought  them 
This  is  the  whole  extent  of  his  offending  in  that  point. 

I  do  trust,  gentlemen,  that  in  relation  to  Mr.  Deniston,  there  is  no  longer 
a  suspicion. 

VVc  come  now  to  Mr.  Sickles.  A  great  deal  of  pains  has  been  taken  to 
show  that  it  was  in  the  power  of  Mr.  Sickles  to  cheat.  Every  man  may 
do  so,  gentlemen,  if  he  have  the  disposition ;  the  treasurer  of  this  stale 
may  cheat  the  state ;  the  treasurer  of  this  city  may  cheat  the  city;  the 
president  of  the  United  States  may  cheat ;  every  man  may  do  so.  The 
managers  had  the  power,  the  boys  had  this  power,  the  clerks  had  this 
power — and  yet  to  conclude  that  Uiey  all  did  what  their  ability  permitted 
would  be  harsh. 

Cfentlcmen,  there  is  nothing  more  harsh  than  suspicion.  General  Hamil- 
ton himself  was  suspected  of  peculating  in  the  ])ublic  funds — Mr.  Dallas 
was  also  suspected.  One  of  the  secretaries  of  war  was  suspected.  If  a 
man  has  it  in  his  power  to  do  wrong,  and  the  slightest  circumstance  is  to 
give  rise  to  foul  suspicions  against  him,  if  suspicion  is  to  get  into  our  judi- 
cial tribunals,  and  to  mingle  its  gall  and  its  wormwood  with  the  adniiui.s- 
(ration  of  justice,  then  our  tribunals  will  be  our  prisons,  and  our  halls  of 
justice  will  be  places  of  cruelty  and  siispicion. 

Gentlemen,  who  are  the  witnesses  who  come  here  to  accuse  Mr.  Sickles 
of  infamy,  of  perjury,  of  having  violated  his  trust,  and  of  appearing  now 
before  you  to  overturn  a  reputation  established  by  a  course  of  years  ? 
Who  are  they  ?  Tho'se  very  men  who  make  their  daily  bread  by  violating 
the  laws  of  the  state — the  defendant  himself,  and  those  other  insurers. 
Does  it  lie  then  in  their  mouths  to  say  that  Mr.  Sickles  has  been  guilty  of 
the  offences  charged  against  him,  and  that  lie  has  violated  those  laws  ? 
There  waa,  indeed,  at  the  time  when  Mr.  Sickles  was  the  owner  of  those 
tickets,  which  have  been  mentioned,  no  law  agaiust  it.  (The  court  here 
expressed  an  opinion  that  the  proliil)itory  law  had  been  then  in  force. 
Some  conversation  took  place — and  Mr.  Jay  proceeded.)  I  had  supposed 
that  the  law  was  subsequently  enacted — but  perhaps  it  may  be  oUjer- 
wise. 

Gentlemen,  these  witnesses  come  before  you  to  testify  against  Mr.  Sick- 
les in  n'jrard  to  his  concerns  in  the  management  of  the  lottery,  after  having 
certified  und»r  their  hands  before  the  public,  that  the  present  luftery  was 
as  fairly  conducted  as  any  other  lottery  in  the  United  States.  They  have 
published  their  certificate  to  that  effect  in  the  paper  of  the  defendant  him- 
self,•  and  they  tell  the  world  in  that  certificate  that  the)-  have  investigated 
the  subject.  But  thi-y  prntend  now  that  the  concluding  Paragraph  of  that 
article  was  dictated  by  Mr.  Judab — what  then  ?  Did  not  they  sign  it  ? 
Did  not  they  put  their  hands  to  it  ?  And  do  tiiey  come  here  to  say  that 
they  have  all  been  tcllinR  a  deliberate  lie?  Is  it  no  impeacbment  of  their 
testimony  before  you,  that  they  have  lied  to  tjic  public?  And  that  they 
have  lied  thus  in  regard  to  these  very  Cauds  which  they  are  now  come  to 
establish  ? 

Gentlemen,  after  all  the  farts  which  have  been  disclosed  on  this  subject 


110 

had  coHie  out,  the  defendant  himself  published  in  his  paper  on  the  24th  of 
September,  that  Mr.  Sickles  and  Mr.  Jiidah  are  to  be  believed  upon  their 
oaths  as  much  as  any  other  persons  whomsoever.  And  yet  he  would  now 
have  it  that  they  are  guilty  of  both  fraud  and  perjury. 

These  circumstances  are  intended  to  raise  suspicion.  And  now,  shall 
mere  suspicion  fix  itself  upon  a  man,  so  as  to  destroy  a  permanent  good  re- 
putation .''  They  collect  not  only  what  has  happcn»id  lately,  but  every 
thing  that  can  be  found  within  the  last  half-dozen  years  ;  every  accident 
that  has  happened,  every  dropping  of  a  ticket  on  the  floor,  whatever  tri- 
fling incidant  has  ocx:urred, — they  are  ail  brought  to  bear  on  this  one  point 
as  on  a  focus,  and  Mr    Sickles  is  to  he  their  victim. 

What  are  the  frauds  ?  What  are  the  circumstances ."'  Why,  an  attempt 
was  made  upon  the  little  boy.  What  inference  from  this  i"  Is  this  to 
became  a  charge  upon  Mr.  Sickles  ?  If  not  why  go  into  proof  respecting 
it  ?  Why,  to  make  an  impression  on  your  minds.  The  boy  told  his 
grandfather — and  the  grandfather  detected  the  offender — is  this  a  fraud  ? 

What  else  '  Why  he  told  an  insurer  that  he  need  not  be  afraid  of 
number  3.  What  then !  Why,  if  the  insurer  had  gained  by  it,  what  would 
not  have  been  said  .'     But  he  insured  and  lost- 

I  think  there  has  here  been  some  misunderstanding  on  the  part  of  the 
Court  and  of  tlie  opposite  counsel.  Mr.  Sickles  became  composed,  ht 
had  been  in  the  habit  of  going  to  the  offices,  and  of  jesting  with  the  brokers. 
Well,  Mr.  Sickles,  when  will  such  a  number  come  out .'  O,  I  do  not 
know — it  will  come  out  such  a  day.  At  least,  Gentlemen,  such  may  have 
been  the  basis  of  all  that  has  been  proved  in  this  cause  in  relation  to  what 
was  said  by  Mr.  Sickles  to  the  insurers  respecting  number  3.  The  Court, 
however,  have  received  a  different  impression  from  Mr.  Sickles'  statement. 
The  facts  are  for  you  to  decide. 

As  to  the  other  numbers — Mr.  Sickles  had  been  long  concerned  in  lot- 
teries. He  had  observed  that  the  low  numbers  usually  came  out  late  in 
the  drawing.  This  he  accounts  for  from  the  manner  in  which  the  numbers 
are  put  into  the  wheel.  In  turning  the  wheel  these  get  mixed  ;  but  the 
most  of  the  low  numbers  usually  come  out  late.  This  is  Mr.  Sickles'  the- 
ory. It  may  be  light  or  wrong.  It  was  called  by  him  his  motive.  It 
cannot  be  called  a  motive;  it  was  his  theorj'. 

Mr.  Sickles  says  on  oath  that  he  did  not  tell  Mr.  Judah  %vhat  he  told 
to  Mr.  Burtus  ;  and  Mr.  Judah  corroborates  his  statement.  But  one  of 
those  gentlemen  to  whom  Mr.  Sickles  made  the  communication,  says  he 
also  intimated  that  the  low  numbers  would  not  come  out  ;  and  he  inferred 
that  they  were  not  in  the  wheel  Mr  Sickles  says  he  merely  told  him 
that  those  numbers  would  not  come  out  yet ;  and  so  Mr.  Burtus  had  no 
right  to  suppose  that  he  meant  to  intimate  that  they  were  not  in  the 
wheel. 

But  gentl.'inen,  what  motive  had  Mr.  Sickles  in  tliis  business.'  What 
motive'coul',!  he.  ha*e  ?  lie  wtuit  to  Burtus — did  he  ask  any  favour?  Ncine 
under  heaven  But  he  goes  to  Haines.  Now,  gentlemen,  a  man  liaving 
controul  of  this  wiieel,  able  to  commit  any  fraud  against  the  lottery, 
.thought  it  seems,  that  he  would  try  to  bribe  Mr.  Haines  to  speak  to  Mr. 
Bates  to  1«  t>d  him  for  his  son  .5iftOl  and  for  wiiat?— Haines  refused  to  do 
the  favour,  we  are  told,  after  he  hail  promised  it — and  yet  Mr.  Sickles  wa§ 
to  violate  a  future  duty  as  a  bribe  for  such  a  purpose  !  He  only  meant, 
gentlemen,  that  he  should  have  tickets  and  that  Haines  would  want  to  buy 
thorn. 

But  Mr.  Sickles  has  violated  his  oath?  How?  Why  he  went  to  the 
granrijury  and  said  h<-  had  found  10  tickets  ;    whereas,    on  reflection,  he 


Ill 

says  there  were  onlj'  6  or  7.  Now  what  difiorencc  does  it  make  ?  None  at 
all  under  heaven.  What  motive  could  he  have  for  the  mistatement  before 
the  grand  jnry  if  he  did  not  then  believe  it;  or  for  the  correction  here,  if  it  be 
not  the  truth  ?  He  comes  here,  not  to  di  file  his  conscience,  but  to  cleanse 
it.  When  the  tickets  were  found,  ho  went  to  Burtus  to  show  him  that  he 
was  right  in  his  supposition,  for  that  there  were  three  of  the  tickets  in  the 
fourteen  thousand. 

But  it  is  said  that  3Ir  Sickles  put  the  tickets  under  the  carpet,  and  it  is 
said  he  destroyed  some  of  them  and  supplied  otliers-  Do  you  believe  this  ? 
rt  is  impossible. 

Come  we  now  to  the  grand  charge — Mr.  John  S.  Smith  says  that  while 
he  was  then  with  his  book  checking  down  the  numbers  as  they  came  out, 
he  saw  that  three  tickets  were  thrown  into  Mr.  Sickl<^s'  lap  and  four  called. 
If  this  be  true,  I  give  up  the  point,  and  admit  that  there  was  fraud. 
But  you  will  consider  how  this  man  Smith  gave  his  testimony,  how  he 
hesitated,  what  uncertainty  and  doubt  he  betrayed,  and  how  imperfectly 
it  was  that  he  could  be  induced  to  testify  at  all.  I  am  persuaded  that  you 
cannot  on  such  testimony  convict  a  man  who^e  good  character  has  been 
long  established,  of  such  a  crime  as  that  which  is  attempted  to  be  fixed  up- 
on Mr.  Sickles.  Gentlemen,  the  tickets  are  drawn  with  great  rapidity,— 
eight  or  nine  in  a  minute.  And  yet  this  witness  Smith  pretends  that  he 
could  take  them  down  in  his  book  as  they  came  out,  and  at  the  same  time 
observe  whether  they  were  called  off  precisely  as  they  proceeded  from  the 
wheel ! 

But  the  tickets  were  seiied  ?  Gentlemen,  I  leave  that  question  entirely 
to  you.  You  have  seen  it,  and  you  have  heard  the  testimony.  I  imitate 
the  conduct  of  the  counsel  on  the  other  side — I  leave  it  to  you- 

As  to  Mr  Judah,  I  do  not  roe.-.n  to  make  him  the  scapegoat  in  this  cause. 
He  comes  here  as  a  witness  and  not  as  a  f»arty.  His  testimony  is  contimred 
by  two  other  witnesses,  Mr.  Moses  and  Mr.  Burjeau,  aad  devied  by  Mr. 
Thome  only. 

Now  if,  on  the  24th  of  September,  after  all  these  things  had  been  laid 
open,  the  defendant  published  that  Mr.  Judah  was  to  be  believed,  how 
does  he  come  here  to  acuse  him  of  fraud  and  perjury,  as  a  man  who  is  not 
to  be  believed  ?  It  is  needless  to  bring  other  witnesses  to  support  Mr. 
Judah's  character.  The  defendant  himself  has  done  enough — and  in  adb- 
dilion  to  this,  Mr.  Burjeau  supports  the  statement  of  Mr.  Judah. 

Gentlemen,  the  story  is  undoubtedly  an  improbable  one,  that  a  man 
should  insure  on  a  dream  and  hit.  It  is  what  might  happen  once  iu  a 
thousand  times.  Yet  it  belongs  to  the  doctrine  of  chances  that  improba- 
bilities should  sometimes  happen.  This  is  ever  essential  to  the  doctrine  of 
chances. 

But  thrae  of  their  own  witnesses  acknowledge  that  they  have  insured  on 
dreams.  And  one  of  them  has  bit  upon  a  dream.  It  is  not  then  so  unusual 
a  thing  to  insure  on  the  faith  of  dreams. 

When  thfere  is  no  weight  on  one  side,  gentlemen,  the  spiallest  on  the 
other  will  turn  the  scale.  A  thing  is  not  false  merely  because  it  is  extraor- 
dinary.    You  cannot  judge  in  tliis  manner. 

Gentlemen,  it  is  growing  late.  I  shall  only  beg  you  to  remember  that 
the  whole  testimony  in  regard  to  Mr.  Sickles  is  circumstantial  in  its  nature 
Tliere  is  no  positive  guilt  proved.  There  is  nothing  but  bare  suspicion* 
founded  on  circumstantial  evidence.  And  if  in  such  a  case  as  this  charac- 
ter is  of  no  moment  to  protect  the  accused,  what  is  character  worth  ? 
If  it  serve  us  not  here,  when  and  where  can  it  stand  us  in  stead  ?  Not  in 
the  other  world gentlcTHco  ;  for  their  character  i's  to  be  determined  not  ai: 


liv. 


■ 


'.Wording  to  the  opinions  of  men,  for  it  is  the  result  of  human  estimation. 
And  not  in  this  woHd,  l)ecause  you  are  to  overturn  it  without  a  particle  of 
direct  proof  You  are  to  helieve  that  a  man  groK'n  old  and  grey,  a  man 
to  ivhora  no  slnglu  act  of  baseness  has  ever  before  been  imputed,  whose 
character  has  been  supported  by  the  unqualified  testimony  of  many  wit- 
nesses from  amou^  the  most  respectabfe  meinbers  of  the  community ;  and 
when  this  man,  too,  has  been  lor  a  series  of  years  under  public  obser- 
vation ;  you  are  called  upon  to  consign  tliis  man  to  the  grave,  not  only 
with  sorrow,  but  with  infamy  ;  and  that  by  c()nvicting  him  of  a  crime  for 
which  po  sufficient  motive  can  be  assigned,  upon  the  ground  of  mere  cir- 
cumstantial evidence  and  suspicion.  Gentlemen,  I  do  trust  in  your  justice 
that  you  will  not  destroy  him  in  that  way. 

IVIh.  Wells  followed  Mr,  Jay,  in  hthalf  of  the  proeecution,  to 
thefoUowing  effect : 

Gextlfmen  of  the  Jury, 

It  is  not  to  be  expected  at  this  late  hour,  fatigued  as  you  are  with  the 
tong  continuance  of  your  important  duties  in  this  cause,  that  I  should  enter 
minutely  into  tite  wide  and  complicated  range  of  facts  which  a  trial  of 
fhree  days  has  brouj^ht  before  j'ou.  I  am  myself  unequal  to  the  task.  The 
fatrgue  has  been  common  to  us  all.  I  fear  I  shall  not  do  justice  to  myself 
or  to  the  cause  in  wliich  I  am  engaged. 

You  hav^e  been  told,  gentlemen,  that  it  is  a  cause,  which  ha^  excited 
great  pirblie  attention.  And  it  is  among  the  misfortunes  which  attend 
public  excitement,  that  it  seldom  fails  to  combine  w  ith  it  public  and  private 
prejudice.  Fraud  is  easily  charged,  and  we  are  apt  to  listen  with  an  open 
and  a  greedy  ear  to  such  charges.  They  are  charges  which  every  man 
Can  make,  and  they  can  be  propagated  by  every  man  who  has  a  set  of 
types  at  his  command.  Ho  has  nothing  to  do  but  to  put  the  matter  forth, 
»nd  there  is  every  where  a  disposition  to  listen  and  to  believe.  The  hu- 
man mind  in  all  its  purity  cannot  resist  impressions  of  this  kind.  And 
thus  it  is  often  the  case  that  the  publie  mind  is  made  up,  and  the  verdict 
made  up  also,  before  the  trial  has  commenced. 

Gentlemen,  even  on  this  occasion,  the  counsel  have  mingled  politrcal 
considerations  with  their  remarks,  as  if  politics  were  to  be  identitied  with 
\he  Interests  of  this  trial  and  were  to  give  character  to  your  verdict.  I  trust 
t^at  when  you  shall  come  to  pronounce  your  decision  in  the  cause,  you 
vvil!  have  laid  aside  any  irhpressious  which  may  by  such  considerations 
h-ive.  been  made  upon  your  minds. 

The  charges,  gentlemen,  on  which  this  libel  is  founded,  are  of  no  ordinary 
kind.  But  the  well  earned  reputation  nif  a  man  whose  head  has  grown 
hoary  in  the  presence  of  the  public,  is  not  to  be  destroyed  by  a  research 
into  his  public  conduct  at  this  late  period  of  his  life.  The  defendant  has 
undertaken  to  charge  broadly  upon  the  managers,  upon  the  sub-manager, 
and  upon  the  boys,  a  deep  laid  scone  of  villainy,  of  fraud,  and  of  swindling. 
The  defendants  counsel,  aware  that  tlu'y  could  not  maintain  this  charge 
in  its  full  extent,  have  sought  to  avoid  part  of  it,  and  to  fix  the  burden  on 
a  single  individual.  While  you  are  told  that  the  managers  are  acquitted  of 
fraud,  in  the  n<!xt  moment  you  are  told  that' they  are  guilty  of  carelessness, 
in  a  manner  calculated  to  make  on  your  minds  the  impression  which  they 
expressly  disavow.  Why  ?  Because  these  managers  canrw)t  be  successful- 
ly attncketl ;  because  you  cannot  be  persuaded  to  believe  them  girilty  <ff 


113 

the  offences  chargefl  in  the  lihel,  the  counsel  seek  to  lay  the  guilt  of  those 
offfnces  on  Mr.  Judah  anil  Mr.  Sickles. — Thuy  seek  to  turn  it  aside. 

Now,  gentlemen,  uith  regard  to  tiie  question  of  fraud,  I  do  niean  to  put 
it  to  you  th'it  there  is  none  on  which  a  discreet  jury  can  nndertake  to  pro- 
nounce a  verdict  according  to  the  terms  of  this  libel.  And  secondly,  I  do 
mean  to  contend  before  you  that  this  defendant  has  acted  throughout  from 
improper  motives,  from  motives  lliat  belong  to  the  character  of  a  li- 
beller. 

The  coun«!el  commenced  their  attack  by  assuming  first,  that  the  mana- 
Rers  have  not  committed  a  fraud,  then  that  the  boys  have  not,  and  then 
that  Mr.  .Judr»h  and  Mr.  Sickles  have. 

Now,  where  is  the  evidence  as  to  Mr.  Judah  ?  He  is  a  dealer  in  tickets  ; 
he  insures,  and  takes  insurance.  That  he  should  insure,  or  take  insurance, 
is  not  strange.  But  it  was  in  consequence  of  a  dream  !  And  here  that 
drea:n  is  to  he  conjured  up  into  something  like  damning  reality.  Mr  Ju- 
dah dreamed — and  therefore  Mr.  Judah  has  committed  a  fraud  ! 

Why,  gentlemen,  it  may  be  something  peculiar;  but  it  is  constantly 
done.  Nothing  more  common  than  to  take  chances  on  tickets  in  conse- 
quence of  dreams.  Mr.  Judah  does  this.  He  does  what  others  have 
d<>n»i  before  him.  Several  witnesses  have  told  you  they  have  done  Ihe 
same  thinjc.  Three  witness  have  told  you,  that  they  have  either  bought 
tickets  or  procured  insurance  on  thein  on  this  principle,  and  that  they  suc- 
ceeded in  the  result.  Thome,  himself,  has  told  you  that  he  has  done  so, 
though  he  did  not  happen  to  hit.  If  he  had  hit,  I  do  not  believe  he  would 
have  thought  himself  thereby  guilty  of  fraud. 

Mr.  Judah  then,  not  wishing  to  have  it  in  his  own  name,  employs  Mr. 
Thome.  Is  there  any  secre^  ?  He  assigns  the  reason;  he  points  out 
the  ofiices — and  this  is  another  badge  of  fraud  !  Gentlemen,  he  was  in 
the  habit  of  covering  those  offices.  Wheo  he  got  insurance  he  wished  to 
be  insured.  Was  it  not  natural  for  him  to  point  out  the  offices  .'  I  ask  if 
this  was  not  natnml,  that  he  should  take  his  measures  so  as  not  to  he  called 
on  to  take  back  the  insurance  upon  himself.' — And  yet  this  is  an  evidence 
of  fraud! 

But  he  told  Mr.  Thome  that  he  had  dreamed  this  dream  himselt',  and 
that  he  dreamed  it  twice!  In  tViat  point  Thorne  is  contradicted  by  Mr. 
Judah,  by  Mr.  Moses,  and  by  Mr.  Burjeau — three  against  one.  And  who 
i-s  this  Mr.  Thorne  ?  A  witness,  gentlemen,  who  stands  self-contradicted 
before  you  ;  a  witness  who  tells  you  that  this  was  a  fraudulent  contrivance 
to  get  money — and  yet  he  does  not  hesitate  to  pocket  his  part  of  t!ie  fraud ; 
but  he  raises  a  great  uproar  against  3Ir.  Judah  who  received  nothing.  I 
put  it  to  you,  what  sort  of  a  conscience  must  this  man  have. 

Gpntlemen,  this  witness  has  told  you  moreover,  that  he  also  insured, 
partly  with  Moses,  and  partlj'  on  his  own  account,  to  the  amount  of  $260, 
ami  lint  he  received  the  whole  from  the  underwriters.  But  in  this  he  is 
entirely  incorrert.  He  insured  for  Mr.  Judah  S2,600,  in  which  he  had  only 
gl2i> — and  yet  he  says  he  was  paid  his  whole  g260.  Now,  gentlemen, 
this  is  not  true.  He  was  not  paid  in  that  manner.  He  was  not  paid  hi.* 
proportion  of  the  SI 00  that  he  insured  for  himself  and  Mr.  Moses  fi^jrethcr. 
All  the  witnesses  on  this  part  of  the  subject  tell  you  that  what  he  received 
was  ten  per  cent,  on  the  amount  insured-  He  then  received  out  of  the 
,^2,609  wjiich  he  got  for  Mr.  Judah,  the  entire  sum  of  j?2no.  And  if  he 
received  the  rest,  it  was  over  and  above  this.  He  is  not,  therefore,  as 
correct  as  he  would  have  you  believe. 

Mr.  Thome's  testimony,  gentlethen,  must  then  be  set  aside.  Mr.  Judah 
tells  you  that  he  did   not  tell  Thorne  that  he  had  dreameil  that  number. 


114 

He  says  that  he  told  him  that  it  was  a  dreamed  number — and  Mr.  Moses 
confirms  him  in  that. 

But  Mr.  Judah  made  this  insurance  on  the  strength  of  an  anonj'^mouH 
letter — and  that  is  another  very  extraordinary  thinjr,  and  it  is  evidence  of 
fraud  !  Have  you  any  doubt  that  such  a  letter  did  exist .'  He  sliowed 
at  the  meeting  of  the  insurers.  But  the  writer  does  not  appear !  and 
therefore  you  are  to  presume  there  was  none?  If  this  was  a  fabrication, 
would  it  not  have  been  just  as  easy  to  leave  the  story  where  Thome  left  it? 
It  would  make  no  diiTerence.  The  letter,  however,  has  been  destroyed — 
and  still  Mr.  Judah  has  preserved  another  letter  of  no  use  in  this  cause  ! — 
Gentlemen,  is  it  so  ?  The  different  persons  who  insured  for  Mr.  Judah 
are  those  who  set  up  this  plea  of  fraud.  They  met  Mr.  Judah  ;  they  cer- 
tified their  satisfaction  with  his  conduct.  What  use,  then,  to  keep  the 
anonymous  letter  ?  It  is  not  correct  to  say  thut  this  letter  was  destroy- 
ed after  this  business  was  in  a  train  of  investigation  : — and  was  it  not  of 
some  importance  to  preserve  the  other  document  ?to  show  to  persons  who 
bad  not  known  the  progress  of  the  thing  ?  to  show  to  those  who  might 
still  entertain  suspicions  .'  And  i*-  not  this  a  sufficient  explanation  that  the 
one  letter  is  preserved  and  the  oth^r  not  i" 

Now,  where  is  this  evidence  of  the  mighty  fraud  of  Mr.  Judah  .■•  Be- 
cause he  happened  to  get  insurance  on  (he  ticket  and  hit  ?  Otiier  gentle- 
men have  done  the  same  thing,  and  no  imputation  of  fraud  is  brought 
against  them.  Other  gentlemen  have  dreamed,  and  no  imputation  of 
fraud  is  raised.  But  because  Mr.  Judah  did  this,  it  is  evidence,  conclusive 
evidence  of  fraud ! 

Gentlemen,  Mr.  Jude'^,  himself  underwrote  upon  that  Tery  ticket — and 
lost. 

Again,  if  Mr.  Judah  had  intended  to  make  money  by  his  fraudulent 
practice  in  this  affair,  why  did  he  take  a  partner.'  You  may  have  any 
part  you  please,  said  he  to  Mr.  Thome.  Now  if  there  was  a  fraud,  would 
he  have  let  Thorne  in  to  share  w  ith  him  .'  Upon  what  motive  could  he 
have  acted,  if  there  was  really  any  fraud  in  his  heart.' 

Well,  the  ticket  came  out — there  was  a  hit — and  several  offices  having 
insured  upon  the  number,  there  was  a  buzz  made  about  it.  It  was  said  to 
be  soiled. — But  when  it  wa.>  taken  off  the  file,  Mr.  Fay  was  unable  to  se- 
lect it ;  Mr  Baldwin  was  unable  to  select  it ;  his  friends  tried ;  it  could 
not  be  found.  Not  even  Mr.  Woodruff  could  designate  it  till  he  had  taken 
the  ticket  into  liis  own  hand.  Gentlemen,  I  believe  it  would  be  an  easy 
thing  for  atiy  person  to  find  a  ticket  in  those  circumstances. 

I  ask  you  then,  whether  this  soiling  of  the  ticket  affords  such  mighty 
evidence  of  fraud  .'  And  suppose  the  fact  to  be  so — it  is  evident  that  it 
was  nc»t  so  much  so  as  has  been  represented.  It  must  be  evident  to  you  all 
that  if  it  had  been  soiled  by  wearing  in  the  pocket  its  appearance  would 
have  immediately  indicated  the  fact. 

Gentlemen,  General  Johnson  told  you  th?.';  the  soiling  might  have  arisen 
from  the  boys  pulling  off  the  string  instead  of  cutting  it.  Your  attention 
was  called  to  that  soiling  as  being  on  the  edge  and  running  across  the  ticket. 
I  ask  you  if  it  was  not  so  ?  He  expresses  to  you  his  own  decided  belief  on 
tliat  point. 

But  you  are  told  that  in  the  very  drawing  of  this  number  there  was  de- 
clared to  be  a  fraud,  that  it  was  declared  in  the  room  at  the  time.  W^here 
is  the  evidence  of  this''  Not  one  person  has  appeared  to  testify  to  that 
fact  directly.  Mr.  John  S.  Smith,  whose  stammering,  hesitating,  reluctant 
mode  of  giving  his  testimony  you  must  have  remarked,  is  the  only  per- 
son Ihnt  says  any  thing  to  tliis  purpose- — He  wbs  employed  in  writing 


115 

down  ill  a  bonk  thp  numbers  as  they  were  drawn  from  tiie  wheel,  and  he 
is  the  only  witness  that  speaks  upon  this  point.  He  ventures  to  lialf-think. 
to  scarcely  believe,  that  there  were  three  numbers  drawn  and  fuin-  called 
which  was  the  number  in  question  ?  The  first  ?  the  second  '  the  (l)ird.' 
We  do  not  know.  I  ask  if  you  can  place  the  slightest  reliance  upon  testi- 
mony of  that  sort  ? 

Gentltmen,  assuming  as  the  counsel  have  done,  that  there  was  fraud,  1o 
what  purpose  was  Mr.  Judah  to  involve  himself  in  a  controversy  with 
those  men  the  insurers  ?  He  could  not  ask  a  jury  to  enforce  the  contract 
of  insurance,  for  it  was  unlawful  To  what  purpose  was  it  then,  that  he 
was  to  get  into  a  wrangle  with  them  ?  What  else  could  he  do  than  he  did  < 
Why  should  he  not  abandon  the  business  where  it  was  ? 

Where  then  is  this  evidence  of  fraud  on  the  part  of  Mr.  Judah  '  The 
whole  amount  ofit  is,  that  on  turning  up  the  chances,  Mr.  Judah  happened 
to  be  successful.  Who,  then,  was  the  operator .'  None,  sa)'  the  gentle- 
men,but  Mr.  Sickles. 

The  Gentlemen  have  travelled  back  to  a  former  lottery — the  Jersey  lot- 
tery in  which  he  was  not  a  manager  but  in  which  he  drew  out  a  prize  tii  K- 
et  owned  by  Mr.  Drniston.  And  here  was  a  fraud  i'  The  m;inncr  of  draw- 
ing tiie  ticket  is  evidence  of  the  fraud  !  But  Mr.  William  Smith  has  put 
the  question  of  that  fraud  beyond  all  manner  of  dispute  !  Mr.  Sickles  drop- 
ped his  hand  a  little,  yn-.  Smith,  did  that  excite  any  doubt  in  jour  uiind  ? 
Not  the  least-     Il.nve  you  any  doubt  at  this  time  ?     1  have  none. 

But  Mr.  Deniston  happened  to  be  the  proprietor  of  the  tick«t — and  here 
again  is  another  link  in  tiie  chain  of  this  imaginary  fraud.  But  what  mo- 
tive could  Mr.  Sickles  have?*  You  will  perceive  that  it  is  necessary  to 
find  out  a  motive.  If  it  should  turn  out  to  your  satisfaction,  that  Mr.  Sick- 
les had  no  intenst,  and  derived  no  more  benefit  from  the  court  ^han  you 
or  I,  then  I  ask  if  you  are  to  believe  that  Mr.  Sickles  would  commit  a 
fraud  like  that  charged  upon  him,  for  the  benefit  of  Mr.  Deniston  alone, 
and  from  the  mere  motive  and  purpose  of  committing  a  fraud  for  fraud's 
sake? 

Mr.  Deniston,  gentlemen,  has  explained  himself  to  you.  It  is  apparent 
that  he  owned  tickets  in  that  lottery.  There  was  nothing  concealed  about 
it.  Again,  if  Mr.  Deniston  had  a  part  in  that  transaction,  which  he  did  not 
wish  to  disclose,  I  ask  whether  it  would  not  have  been  the  surer  courso  to 
say  that  he  owned  the  whole  ?  It  was  only  because  Mr.  Diniston  said  he 
owned  hut  half,  that  Mr.  Sickles  was  even  supposed  to  own  the  other.  No 
other  person  could  he  imagined.  But  if  Mr.  Deniston  had  meant  to  com- 
mit a  fraud,  and  Mr.  Sickles  was  in  fact  part  owner,  Mr.  Deniston  would 
have  undoubtedly  said,  it  is  all  mine. 

Mr.  Deniston,  however,  did  say  to  several  persons,  that  h«  owned  the 
half  of  that  ticket.  In  some  instances  he  may  have  said  that  he  owned 
but  half;  gentlemen,  he  has  given  you  his  expbmation  under  oath.  lie 
has  explained  his  motives.  He  had^  some  time  before  that,  a  legacy  given 
to  him;  and  he  had  squandered  on  his  needy  relations  that  legacy, 
amounting  to  g20,000.  He  was  desirous  of  making  that  legacy  good  to 
his  family — and  for  this  reason  he  said  he  was  the  half-proprietor  of  the 
prize,  in  order  that  the  prize  money  might  not  be  gotton  from  him  and 
squandered  in  the  same  way.  And  how  is  this  to  be  evidence  of  fraud  ?  It 
was  a  mere  sort  of  pious  deception. 

Gentlemen,  on  that  very  passage  in  the  return  steam-boat  from  Albany, 
after  Mr.  Deniston  had  received  the  notice  of  his  good  fortune  in  having 
drawn  the  prize,  he  told  Capt.  Roorbach  that  he  was  the  sole  proprietor, 
at  least  in  so  far  that  Capt.  Roorbach  had  not,  as  he  tells  you,  any  doubt  of 


116 

the  fact.  Do  }'ou  believe  Capt-  Roorbach  ?  Although  Mr.  Dcnislon  had 
previously  told  this  gentleman,  that  he  owned  but  half,  he  then  gave  liim 
distinctly  to  understand  that  he  owned  the  whole.  He  made  the  same 
communication  to  Mr.  Price.  He  is  said,  indeed,  to  have  prevaricated.  I 
appeal  to  the  testimonj'  of  Mr.  Price.  Mr.  Price  says  it  was  debated  among 
the  grand  jury  whether  they  should  put  thf  question.  And  even  here, 
gentlemen,  the  question  was  not  put  to  him  till  in  his  cross-examination. 
On  the  other  side  it  was  asked  Who  owned  the  other  half — and  he  then 
explained. 

I  do  submit,  then  that  in  so  far  as  relates  to  this  Owego  transaction, 
there  is  not  a  particular  of  fraud  made  out  Mr.  Denniston  did  lend  a  part 
of  the  money  to  Mr.  Sickles  ;  but  it  was  actually  repaid  long  before  any 
question  was  made  about  the  drawing  of  these  lotteries. 

With  regard  to  Mr.  Sickles  himself,  you  are  asked  to  pronounce  your 
verdict  on  the  broad  ground  of  fraud  committed  by  him. — A  fraud  com- 
mitted, when,  and  where?  They  would  have  you  believe  that  he  has 
been  for  years  in  a  course  of  fraud.  Gentlemen,  where  are  the  fruits  of 
this  ^  You  find  him  in  difficulty,  you  see  him  driven  to  the  necessity  of 
borrowing  moni;y  in  small  sums  for  occasional  wants.  Now  if  he  has  been 
in  the  habit  of  frauds  against  the  lottery  for  years,  would  he  not  have  reap- 
ed the  fruits  of  them  in  some  other  way  '  Is  there  any  thing,  or  can  there 
be  any  thing  in  this  gossipping  about  the  low  numbers  ?  He  said  to  Mr. 
Burtus,  as  it  is  alleged,  that  there  were  some  of  those  numbers  out  of  the 
wheel,  and  that  he  need  not  be  afraid  of  them.  And  we  are  told  that  he 
said  that  Mr.  Judah  knew  it.  I  rejoice  that  he  said  that  Judah  knew  it. 
Now  this  very  Mr.  Judah  was  actually  hit  on  that  ticket. — And  this  very 
defendant  was  one  of  the  persons  who  hit  him  for  g600  *  And  do  you  be- 
lieve Mr.  Judah  would  have  made  such  use  of  this  information  ? 

Gentlemen,  what  motive  under  heaven  ^vas  there  for  Mr.  Sickles  to 
talk  to  these  men,  Burtus  and  others,  as  he  did.  If  he  had  a  fraudulent 
purpose  would  he  pot  have  sounded  them  i"  Could  he  not,  and  would  he 
not  have  found  in  this  city  persons  who  would  have  partaken  with  him, 
and  made  an  interest  out  of  his  information  ■''  Mr.  Sickles,  it  is  evident, 
has  never  been  the  better  for  it. 

But  some  tickets  have  been  picked  up  i'  A  witness  was  produced  to 
swear  that  he  saw  a  ticket  fall  from  the  wheel.  Why,  is  it  possible  that 
so  many  thousand  tickets  should  be  drawn  without  one  ticket  falling  ?  And 
yet  this  is  evidence  of  fraud. 

But  some  tickets  were  found  out  of  the  wheel  ?  Is  there  any  evidence 
that  low  numbers  were  ever  out  of  the  wheel  ?  There  is  evidence  of  high 
ones,  tickets  in  the  fourteenth  thousand,  being  out  of  the  wheel — and  they 
were  put  into  the  wheel  again. 

Now  can  you  believe  that  Mr.  Sickles  would  have  let  the  tickets  accu- 
mulate to  three  or  four,  in  the  crack,  before  he  could  have  taken  them 
out  ?  Was  it  necessary  ?  If  his  object  was  fraud,  he  had  only  to  take  out 
one  ticket  ;  he  wanted  but  one.  And  when  he  had  done  with  that,  he  had 
only  to  repeat  the  operation  with  a  single  ticket.  The  plan  with  which  he 
is  charged  would  have  been  the  most  awkward  and  absurd  imaginable. 
Is  it  credible  ? 

Gentlemen,  Mr.  Sickles  has  been  examined  before  you  to  day.     I  was 

*  This  inimlier  had  been  on  Judah's  books  all  along  through  the  lottery,  and 
sometimes  for  the  amount  of  7000  dollars  !  On  the  forty  fourth  day  he  refusnd 
it  as  tnuth  as  ht  dare  do.  Defendant  among  others  had  taken  the  number  a  pre- 
vious (lay  for  larger  sums— he  was  act  in  the  itcrtt ;  others  were  ' 


117 

under  tlie  necessity  ol' being  in  another  court,  and  have  heard  no  part  of  his 
testimony.  I  ask  you  if  he  has  not  satisfied  you  ?  I  ask  you  if  you  are 
prepared  to  blast  his  character  forever  '  He  has  established  a  character  of 
more  than  half  a  century's  duration.  I  ask  whether  that  character  is  not 
opposed  to  those  charges  of  the  defendant  aa  a  shield  ?  I  have  shown  that 
there  was  no  fraud. 

I  come  now,  to  s-how  that  the  defendant  believed  there  was  no  fraud 
at  the  time  when  he  charged  fraud  In  have  been  committed.  Gentlemen, 
I  will  condemn  him  out  of  his  own  month.  In  the  evening  of  the  iid  of 
September,  and  before  the  publication  w  hich  is  charged  here  as  a  libel  wa.** 
made,  this  Mr.  Biiidwin,  with  the  counsel  who  has  taken  the  lead  in  his 
defence,  met  with  other  gentlemen,  to  exanfine  into  this  transaction.  They 
went  to  examine  this  ticket  which  the  defendant  had  not  seen  ;  for  he  had 
previously  spoken  on  the  inform.ntion  of  others.  And  he  tells  you,  when 
he  came  to  examine  for  him?fir,  that  he  had  been  misinformed.  It  was 
said  to  hiin,  why  you  hr.ve  said  it  was  black  as  the  ground.  Yes,  he  say?, 
1  see  that  I  have  been  deceived  ;  I  have  been  misinformed.  Mr.  Baldwin, 
and  Mr.  Fay  then  avow  themselves  satisfied.  Young  Mr.  Sickles  is  sent 
home  with  a  cheerful  heart,  supposing  he  has  effected  a  satisfaction  of  hi^ 
father's  enemies.  Such  was  the  language  of  that  meotiog.  "  I  should  as 
soon  think  of  charging  fraud  on  any  other  man  in  this  community  as  on 
your  father'' 

Gentlemen,  what  follows  this  amicable  explanation  ?  The  publisher  of 
the  very  libel  you  arc  now  called  upon  to  decide  on,  the  parties  who  had 
circulated  those  calumnies,  proiiessed  themselves  satisfied.  Now  I  ask, 
where  are  the  justifiable  mot  i\es  that  this  defendant  can  put  before  you  ' 
They  even  signed  a  certificate  declaring  their  satisfaction  rot  only  in  re- 
gard to  this  number  of  wliich  so  much  has  been  said,  but  the  whole  lottery. 
— But  Mr  Judaii  bugge^-fed  stune  words  at  the  close  of  that  statement! 
And  one  of  the  witneases  who  have  appeared  here,  had  the  hardihoodto 
say  be  could  not  now  tell  whether  he  believed  the  statement. — And  now, 
if  the  defendant  professed  himself  satibfied,  where  is  his  justification''  Have 
they  come  to  any  new  lights  ? 

Gentlemen,  I  do  commit  this  cause  to  you  in  the  confidence,  that  you 
will  feel  that  you  have  a  charge  of  the  greatest  delicacy  and  importance  in 
your  hands — a  charge  interesting,  not  only  to  the  characters  immediately 
implicated,  hut  to  the  characters  of  the  jury  themselves,  who  arc  subject, 
like  others  to  be  assailed  by  the  licentiousness  of  the  newspapers.  I  do 
ask  you,  therefore,  to  pronounce  this  man  guilty  of  the  libel — first,  because 
there  is  no  fraud  to  justify  it ;  and  secondly,  because,  if  there  is  not  fraud 
he  has  not  proved  such  carelessness  on  the  part  of  the  managers  or  their 
agents,  as  will  afford  him  any  justification  for  the  libellous  language  he 
has  published  respecting  them;  but,  he  must  have  acted  from  malicious  mo- 
tives in  making  the  publication. 

Charge,  hy  his  Honor  the  Muyor. 

Gentlemen  of  the  Jury, 

After  three  days  spent  in  the  examination  of  witnesses  in  this  cause,  \ 
can  easily  imagine  your  fatigue.  The  court  also  are  much  fatigued.  I 
am  afraid  I  shall  not  be  able  properly  t«  discharge  the  duly  which  re- 
mains to  me.  I  shall  endeavour  to  be  as  short  in  what  I  have  to  say,  a» 
the  office  I  hold  and  as  the  interests  involved  in  your  decision  will  al- 
low 


118 

The  defKiidant  is  charj;ed  with  publishing  a  libel.  It  is  necessarj",  in 
the  commtiticement,  that  you  should  comnrehend  the  nature  of  the  charge. 
A  iib«i  is  a  defamatory  writing,  publishea  with  a  malicious  intent  against 
the  object  of  it  This  is  not  a  full  definition;  but  it  embraces  all  the 
poinLs  that  come  under  consideration  at  this  time. 

A  defamatory  writing  is  one  which  accuses  a  man  of  fraud,  or  of  infi- 
delity in  any  office  or  duty.  You  will  observe,  this  does  not  include  the 
consideration  whether  the  charges  are  true  or  false.  For  if  the  charges 
are  true,  or  are  supported  by  evidence,  it  niaj' yet  be  a  libel  if  published 
T\'ith  bad  motives — when  the  charges  are  not  supported  by  evidence,  it  is 
to  be  presumed  that  the  intent  was  malicious.  But  this  presumption  may 
be  met  by  pr«of,  and  rebutted. 

In  order  to  support  the  indictment,  it  is  necessary  for  the  prosecution  to 
prove  first,  the  publication  of  the  libel,  and  then  secondly,  the  inuendoes 
contained  in  the  indictment,  and  which  are  used  to  set  forth  the  meaning 
and  intention  of  the  pul)!isher  in  regard  to  the  person  supposed  to  be  the 
object  of  the  libel.  And  the  jury  must  find  from  the  testimony  in  the 
cause,  or  from  the  libel  itself,  that  it  has  the  meaning  imputed  to  it  by 
those  inucndoes.  And  here,  formerly,  the  duty  of  the  jury  stopped  ;  they 
had  nothing  to  do  with  the  question  whether  it  was  truly  a  libel  or  not ; 
that  was  left  for  the  court.  But  it  is  one  of  the  improvements  of  modern 
law  on  this  subject,  that  the  jury  now  are  to  judge  of  the  whoh;  matter  ; 
they  decide  upon  the  law  as  well  as  the  evidence,  and  determine  whether 
the  publication  be  a  libel  or  not.  And  you  have,  therefore,  a  right  to  say 
whether,  the  charges  published  by  the  defendant  are  malicious  towards  the 
p.'jrsons  against  whom  they  are  directed,  and  to  declare  your  verdict  ac- 
cordingly. 

Let  u.s  now  proceed  to  consider  the  evidence. 

The  fuet  of  publication  by  the  defendant  has  not  been  proved,  but  ap- 
pears to  have  been  conceded  by  his  counsel.  The  indictment  sets  forth 
two  libels,  taken  from  two  newspapers  printed  by  the  defendant ;  and  it  is 
averred  that  the  charges  contained  in  them  were  made  by  the  defendant 
against  the  managers  of  the  Oth  class  of  the  Medical  Science  lottery,  and 
the  su!)-minager,  Mr.  Sickles,  and  against  the  boy  Tenbrook ;  and  the 
inuendoes  are  to  this  effect,  th;it  those  persons  have  all  been  guilty  of  fraud. 
I  believe  you  have  not  heard  these  libels  read.  I  must,  therefore,  direct 
your  attention  to  them,  and  to  the  question  whether  they  do  contain 
charges  of  fraud  against  the  persons  I  have  named.  (His  honour  here  read 
the  first  libel  set  forth  in  the  indictment )  I  think  myself  this  libel  does 
not  contain  any  charge  of  fraud  against  the  man.igers,  but  merely  that 
there  has  been  fraud  somewhere  in  the  management;  and  if  there  has 
been  fraud  connected  with  the  management  of  the  lotterj-,  it  is  suffi- 
cient to  justify  the  publication,  which  is  not  directed  against  the  managers 
personally,  but  applies  to  the  management  in  so  large  a  sense  as  to  include 
the  agency  of  other  persons.  [His  honour  having  explained  particularly 
to  thi-  jury  the  meaning  of  the  special  clauses,  and  concluded  that  the  in- 
ucndoes of  the  indictment  were  not  correct  in  connecting  the  charge  of 
fraud  witii  t!ie  managers  themselves  The  second  libel  was  afterwards 
rr*ad  in  the  same  manner  Avith  full  explanations,  and  with  the  same  general 
t'onclusion,  that  there  was  also  nothing  in  this  which  justified  the  inuendoes 
of  the  indictment,  in  so  far  as  the  managers  were  directly  concerned  ]  It 
is  a  rule  of  law,  gentlemen,  that  a  libel  cannot  be  extended  by  inuendoes; 
iJs  meaning  cannot  thereby  be  enlarged  beyond  its  fair  and  obvious  import. 
It  is,  however,  for  you  to  determine  whether  these  libels  really  contain  any 
such  charge  against  the  managers  as  the  inuendoes  of  the  indictment 
allege.    The  court  are  decidedly  of  opinion  that  they  do  not.     In  one  of 


119 

the  publications  charged  to  be  libellous,  the  defendant  has  expressly  exon- 
eratpd  the  managers  from  all  imputation  of  fraud-  If  it  appear  that  there 
has  brcn  fraud  practised  in  thi-  manaRf-ment  an^/  whtre,  it  is  sufllcient,  and 
the  defendant  substantiates  every  tbin^  he  has  said. 

We  are  then  to  inquire  whether  there  is  a  charge  of  fraud  made  out,  or 
whether  there  are  circumstances  to  warrant  the  inference  of  fraud.  For  it 
would  be  in  vain  always  to  expect  positive  testimony.  We  often  convict 
in  higher  cases  than  this,  on  evidence  wiiich  is  merely  presumptive,  and 
wlii<h  may  be  as  satisfactory  a?  any  proof  whatever. 

I  shall  now  direct  your  attention  to  the  particular  facts  where  fi  and  has 
been  alleged  to  exist.  It  is  said,  in  the  first  place,  that  theie  was  a  fraud 
in  drawing  the  ticket  15,4fi^.  If  Mr.  Judah  did  make  a  fraudulent  insu- 
rance on  that  ticket,  or  if  there  was  any  fraud  in  that  transaction,  Mr. 
Sickles  must  have  been  connected  with  him.  Mr.  Judah  could  not  have 
been  guilty  of  a  fraud  here  without  an  associate,  and  this  must  have  been 
Mr-  Sickles.  On  this  point  we  have  the  testimony  of  one  witness,  a  Mr. 
John  S.  Smith,  that  the  ticket  was  improperly  called.  He  says  he  was 
acting  then  as  a  clerk  lie  says  he  saw  the  hoy  draw  three  tickets,  and 
Mr.  Sickles  called  off  four;  and  that  one  of  these  was  the  number  I  have 
mentioned.  We  then  have  further  testimony  that  this  ticket  was  soiled  as 
if  worn  in  the  pocket.  If  that  be  the  fact,  it  is  a  strong  corroborative  evi- 
df-nce.  Whether  it  is  the  fact,  I  shall  not  say  one  word;  because  the 
ticket  is  admitted  to  be  now  as  it  was  then  in  aj)pearance.  You  have  the 
ticket  before  you  ;  and  you  are  certainly  as  capable  of  judging  on  that 
point  as  any  of  the  witnesses.  You  will  not  only  look  at  the  soiling  but 
the  folding.  You  will  also  think  of  the  tickets,  SO  and  S,C65.  It  is  said 
that  all  these  three  numbers  were  run  upon  by  the  insurers.  It  has  been 
said  that  other  tickets  were  also  soiled.  You  have  to  draw  your  own  con- 
clusions. You  can  judge  whether  the  soiling  can  have  proceeded  from 
cither  the  causes  to  which  it  has  been  ascribed  by  other  witnesses,  who  do 
not  believe  it  to  have  been  soiled  in  the  pocket. 

This  tirket  having  given  rise  to  suspicions,  the  lottery  offices  instituted 
an  enquiry.  They  find  the  insurances  were  effected  by  Mr.  Thome.  They 
go  to  Mr.  Thorne.  He  acted  for  Mr.  Judah,  He  explains  to  them  what 
Mr.  Judnh  said  to  him  on  the  subject. 

Gei;tlemen,  Mr.  Thorne  is  very  particular  in  giving  Mr.  Judali's  lan- 
guage. He  says  Mr.  Judah  pointed  out  that  particular  number,  (hat  he 
had  dreamed  of  that  ninnber,  that  he  was  in  the  city  hall,  that  he  .«Iept 
again,  and  dreamed  a  second  time.  Mr.  Judah  contradicts  this.  Now 
whether  Mr.  Judah  got  his  insurance  on  his  own  dream,  or  on  a  letter, 
would  have  been  of  little  consequence.  But  when  it  is  traced  to  Mr.  Ju- 
dnh that  he  has  told  different  stories  respecting  his  inducement  to  insure 
that  number,  it  would  go  far  to  show  presumptively  against  him — and  so 
fir  is  it  of  any  importance,  whether  he  insured  for  one  cause  or  the  other. 
Unfortunately,  Mr.  Judah  and  Mr.  Thorne  here  are  in  direct  opposition. 
Mr.  Thorne  will  not  admit  that  he  can  be  mistaken.  It  is  not  whether 
Mr  Thorne  might  or  might  not  have  been  mistaken — Mr.  Thorne  does 
not  admit  tl'tat.  He  says  Mr.  Judah  not  only  said  that  it  was  in  conseqiienc* 
of  his  own  dream,  but  told  him  when  it  was,  and  how  it  was.  Mr.  Judah 
denies  all  such  conversation  with  Mr.  Thorne;  and  his  testimony  is  cor- 
roborated by  Mr.  Moses.  Both  these  witnesses  are  unimpeached;  but 
I'ir.  Jnd  di  stands  here  not  loss  interested  than  the  defendant  in  the  ease  ; 
and  therefore,  altliough  his  testimony  is  admitted,  yet  it  must  be  weighed 
with  a  virw  t(t  the  circumstances  in  which  he  appears;  I  do  not  mean  to 
impeach  him  ;  but  we  must  always  remeinb^  that  he  is  subject  to  preju- 


120 

<Hces  like  other  men.  Mr.  Moses  stands  before  you  uninterested  and  un- 
inipeached.  It  is  said  he  has  received  nionpy  frono  Mr.  Judah.  But  if 
would  seem  from  other  testimony  that  there  was  a  particular  motive  for 
this  ;  he  had  a  lart;e  family,  and  the  money  is  said  to  have  been  given  hmi 
as  a  charitable  gratuity-  I  do  not  see  that  this  circumstance  is  calculated 
to  impeach  Mr.  Mus^^is'  testifying  at  all.  Mr.  Jndah's  statement  is  also  . 
very  slightly  supporti-d  by  Mr.  Burjcuii,  who  conversed  with  Mr.  Thorne 
in  the  street.  He  se^ms  to  have  understood  that  it  was  in  consequence 
ufMr.  Judah's  dream,  and  not  the  letter,  that  the  insurance  was  made 
There  was  nothing  particular,  in  the  conversation.  Now,  it  may  be,  that 
Mr.  Burjeau  was  mistaken  as  to  the  precise  phrase.  But  Mr.  Judah 
te-lls  us  that  the  insurance  was  made  on  an  anonymous  letter.  Mr. 
Mr.  Judah  gives  us  the  contents  of  that  letter.  I  must  say,  it  is  very  un- 
fortunate for  him  that  he  destroyed  that  letter  at  such  a  time.  Whatevoj- 
yon  may  think  of  it,  I  believe  you  would  have  been  much  better  satisfied 
had  he  produced  that  letter  to  you.  He  says  he  insured  on  the  faith  of 
that  letter ;  and  yt^t  Avhen  Mr.  Tiiorne  presses  him  to  say  why  he  insured 
on  that  number,  (I  believe  it  was  Mr.  Closes  that  pressed  him  thus.)  he, 
says  nothing  about  the  letter.  Again,  this  becomes  a  subject  of  conver- 
sation the  very  evening  afterwards.  Mr.  Moses  sees  him  again  on  Monday- 
In  both  these  instances  they  dispute  about  the  drawing  of  this  number  was 
agitated.  And  yet,  certainly  on  Saturday,  Mr.  Judah  never  mentioned  the 
letter — Mr.  Moses  thinks  lie  did  on  3Ionday. 

The  dissatisfaction  increases  ;  Mr.  Judah  possesses  himself  of  this  letter 
and  retains  it  till  after  the  defendant  lias  made  his  publications  on  the  sub- 
ject,— and  then,  a  few  days  before  the  grand  jury  sat,  he  destroys  it — 
Why  ?  He  says  it  was  in  a  female  hand — he  jokes  about  it — it  explains 
his  testimony.  If  you  believe  he  did  possess  such  a  genuine  letter  as  he 
pretends,  you  will  then  give  the  circumstance  the  consideration  to  whicli 
you  may  think  it  entitled.  But  if  you  think  it  all  a  pretence  and  a  decep- 
tion, and  that  he  destroyed  it  to  prevent  a  di.scovery  of  the  fraud,  it  must 
have  great  weight  with  you  in  making  up  your  minds  in  regard  to  this  part 
of  the  cause. 

This,  genflerten,  is  one  of  the  principal  charges  of  fraud  specified  in 
the  libel ;  and  Mr.  Judah's  conduct  is  no  otherwise  connected  with  it  than 
as  his  having  made  a  fraudulent  insurance  on  the  number  in  (jne-^tion  must 
impeach  Mr.  Sickles.  It  is  a  charge  which  with,  all  the  other  facts  in  the 
cause,  I  leave  entirely  to  you. 

It  is  charged  as  evidence  of  jiositive  fraud  that  Mr.  Sickles  went  to  Mr. 
Brower  about  the  middle  of  the  drawing  of  the  Fourth  Class,  and  told 
him  not  to  be  afraid  of  the  lovv  number.s.  He  did  not  say  they  wej-e  not 
in  the  wheel.  Mr.  Burtiis  understood  liim  to  intimate  that  they  were  not 
in  the  wheel.  Gentlemen,  if  you  believe  that  Mr.  Sickles  did  make  this 
communication  iii  the  sense  in  which  they  understood  it,  all  that  is  neces- 
sary to  support  the  libel  is  made  out.  For  if  there  n'as  a  fraud,  a  villany, 
and  it  is  brought  home  to  Mr.  Sickles  that  he  kept  any  numhers  out  of  the 
w!ie»:l,  it  is  enough  to  justify  the  defendant. 

But  it  is  said  that  Mr  Brower  and  M>-.  Burtus  are  mistaken.  That  they 
may  have  been  mistaken  is  undoubtedly  true.  They  do  not  give  his  lan- 
guage It  may  have  conveyed  a  difteient  mt^aning.  But  Mr.  Sickles  is  a 
witness  before  yon.  He  admits  that  he  <iid  fcilk  of  the  low  nur  crs  to 
them  ;  he  informetl  them  that  they  would  not  cojne  out,  and  he  tens  why 
— not  because  he  knew  that  they  were  out  of  the  wheel,  but  from  what  he 
knew  of  the  manner  of  putting  ihem  into  the  wheel,  and  from  what 
he  had   experieoied  as  to   their  coming  out.     It  wore  well  if  he  had 


121 

stopped  here.  But  he  goes  on.  After  the  noise  commenced  on  tlje  sub- 
ject, he  went  to  those  gentlemen  and  told  them  to  keep  the  thing  a  secret. 
How  did  he  know  that  they  supposed  he  had  told  them  there  were  numbers 
out  of  the  wheel  i'  There  had  been  no  communication.  How  does  it 
happen,  then,  that  Mr.  Sickles,  if  he  \\  as  innocent,  if  what  he  had  said  to 
them  was  founded  on  the  general  chances  of  lotteries,  how  does  it  happen 
that  he  asked  them  to  keep  the  secrd  ?  So  far  their  testimony  is  strenRth- 
ened  by  his.  But  this  testimony  of  Mr.  Sickles  is  inconsistent  with  otber 
parts  of  his  own  testimony.  He  told  tht'm  that  they  need  not  be  afraid  of 
the  numbers  three,  five  and  seven.  And  he  says  he  told  them  this  from 
tlje  manntT  in  w hich  the  tickets  were  put  into  the  Mheel — and  what  was 
that  ?  Why  the  low  numbers  were  put  in  first.  But  they  are  put  in  by 
thousand?  and  not  one  by  one.  The  first  thousand  w  ere  all  put  in  tos^ether. 
Now  if  this  was  the  foundation  of  his  opinion,  why  should  he  have  Cxed 
(m  those  low  numbers  i"  for^very  number  in  the  tliousand  stood  the  same 
chance. 

However,  Gentlemen,  it  is  for  you  to  decide  on  the  testimony  of  Mr. 
Burtus  and  Mr.  Brower-  Do  you  think  Mr.  Sickles'  explanation  to  be 
satisfactory  .'  It  is  for  you  to  decide.  I  have  only  to  direct  your  attention 
to  the  testimony-  You  will  conclude  for  yourselves-  This,  ind«'ed,  I  may 
say,  as  I  have  already  said,  that  if  3Ir.  Sickles  meant  as  they  understood 
him,  then  it  is  direct  evidence  of  fraud  ;  for  it  was  impossible  he  could 
even  know  that  there  were  numbers  out  of  the  wheel,  without  fraud. 

But  another  evidence  is,  that  Mr.  Sickles  drew  the  number  15468  im- 
properly. This  is  proved  by  Mr.  John  S.  Smith.  If  you  believe  him  it  is 
bufficient  to  make  out  the  truth  of  the  libel.  Your  attention  has  however 
been  sufficiently  called  to  his  manner  of  testifying.  1  think  so  serious  a 
charge  is  not  sufficiently  supported  by  the  testimony  of  such  a  witness. 
But  this  circumstance  stated  by  him  is  to  be  connected  with  the  other  cir- 
cumstance of  Judah's  having  insured  that  number  ;  and  put  together,  they 
form  only  different  features  in  one  transaction.  Still  you  ought  to  be  cau- 
tions in  yielding  much  regard  totlie  testimony  of  this  Mr.  Smith. 

Next  as  to  the  prize  ticket  in  the  Owego  lottery.  It  is  alleged  by  ano- 
ther Mr  Smith  that  he  waspresent  at  the  draw  ing.  And  here  there  is  soma 
diH'erence  between  the  counsel  and  myself.  I  may  be  mistaken,  but  sub- 
mit it  to  you.  I  understood  that  he  saw  Mr.  Sickles'  hand  go  into  the 
wheel,  and  that  when  it  came  out  it  had  no  number  in  it.  He  goes  on  fur- 
ther, and  says,  that  before  Mr.  Sickles  lifted  up  his  hand,  after  it  came 
fi-om  the  wheel  it  dropped  under  the  skirt  of  his  coat,  that  he  turned  to- 
ward the  audience,  and  then  lifted  up  his  hand.  Mr.  Smith,  however, 
adds  that  he  had  not,  and  has  not  now  any  doubt  that  the  number  was 
fairly  drawn.  I  believe  jt  was  because  he  thought  Mr.  Sickles,  from  what 
he  knew  of  his  character,  to  be  incapable  of  such  a  thing.  After  all  it  i-i 
but  light  testimony.  He  does  not  pretend  to  say  that  Mr.  Sickles  took 
the  ticket  from  under  his  coat.  Mr.  Sickles  does  not  deny  that  his  hand 
foil  or  may  have  fallen  ;  his  hand  as  he  says,  having  been  injured  so  as  tu 
be  subject  occasionally  to  drop  after  fatigue.  Butthen  Mr.  Sickles  at 
that  time  had  undergone  no  fatigue.    This  prize  wasthe  first  ticket  drawn. 

But  really  this  circumstance  would  have  been  of  little  moment,  had  it  not 
been  connected  with  another,  that  of  Mr.  Denniston's  drawing  the  highest 
prize.  ^  And  if  Mr.  Sickles  had  shared  that  prize,  it  would  altogether  be 
siiflici; /^t  to  su|)port  the  libel.  This  has  been  suspected  to  be  the  fact,  and 
the  suspicion  has  been  strengthened  by  some  striking  circumstances.  Mr. 
Denniston  has  said  he  was  not  the  owner  of  the  whole  of  that  prize.  And 
it  does  appear  tliat  part  of  the  money  $9000  and  npwards,  was  traced  to 

16 


122 

3Ir.  Sickles.  But  Mr.  Diniiaton  j^ivcs  us  a  reason  for  having  made  an  as- 
sertion that  was  not  true.  And,  Gentlemen,  I  think  his  explanation  not  un- 
natural. It  is  unfortunate  for  him  that  he  was  first  obliged  to  make  that 
explanation  here  before  the  public.  As  to  Mr.  Sickles'  being  in  posses- 
ion of  part  of  the  money,  that  is  satisfactorily  accounted  for,  if  you  believe 
the  witnesses,  Mr.  Denniston,  Mr  Sickles,  and  Mr.  Heard.  The  allega- 
tion is  that  he  had  the  whole  of  this  nine  thousand  dollars.  Mr.  Sickles 
says  he  did  make  the  collection  of  the  money,  and  that  he  lent  a  part  of 
it  to  Mr  Heard,  and  when  Mr.  Denniston  came  down  it  was  returned 
to  him.  If  these  facts  be  true,  they  are  inconsistent  with  the  allegation 
that  Mr.  Sickles  had  the  whole  of  this  money.  And  though  they  do 
not  show  that  the  whole  was  paid  over,  they  do  show  that  part  of  it 
was.  And  if  Mr.  Sickles  has  accounted  for  the  money,  we  cannot  reason- 
ably suppose  there  was  fraud  in  the  drawing  of  the  ticket.  We  are  not 
allowed  to  presume  a  motive  without  evidenee. 

Another  charge  is  in  relation  to  Mr.  Sickles'  being  in  possession,  and 
having  shown  some  numbers  belonging  to  the  wheel  in  the  fourth  class  of 
the  present  lotterj-,  a  short  time  before  the  conclusion  of  the  drawing.  The 
fact  of  his  having  possession  of  any  tickets  is  a  strong  fact.  It  appears  to 
me  the  most  important  of  all  the  allegations  against  Mr.  Sickles.  What  is 
it  ?  Mr.  Sickles  takes  down  numbers  belonging  to  that  class,  being  in  the 
14000,  and  shoivs  them  to  Mr.  Burtus  It  turns  out  that  there  were  three 
or  four  numbers  fouud  by  the  boys  under  the  stage  where  the  drawing 
takes  place.  They  came  into  his  possession.  He  communicated  the  dis- 
covery to  Mr.  Gilbert  and  to  the  managers.  And,  gentlemen,  we  never 
liear  of  any  more  tickets  being  found,  or  out  of  their  place,  until  Mr.  Sic- 
kles appeared  before  the  grand  jury.  There  he  said  there  had  been  ten 
found — now  he  says  six  or  seven  in  all. — How  came  he  in  possession  of 
them  ?  Certainly  the  managers  never  dreamed  that  he  had  more 
than  those  four  which  was  found  l)y  the  boys.  It  is  said  that  if  he  con- 
cealed any  numbers,  he  did  not  conceal  those  low  numbers.  On  what 
grounds  is  this  said  ?  Because  the  numbers  were  in  the  14000.  But  how 
came  he  to  be  possessed  of  six  or  seven  numbers  ^  And  what  numbers 
where  they.''  We  know  not-  He  admits  the  fact  And  yet  never  com- 
municated it  to  the  managers  by  whom  he  was  employed. 

But,  gentlemen,  this  unpleasant  part  of  the  testimony  does  not  stop 
here.  What  is  the  account  he  gives  .■'  The  boys  told  him  when  he  came 
in  that  they  had  found  the  numbers.  He  went  then  himself  and  looked 
under  the  carpet  between  the  wheels,  and  there  he  found  three  or  four 
tickets,eighteen  inches  from  the  edge  of  the  carpet !  It  is  most  extraordi- 
narj',  and  utterly  unaccountable.  But  Mr.  Gilchrist  and  Mr.  Gilbert  were 
both  in  the  room  with  him,  and  one  of  them  Mr.  Gilbert  was  assisting  in 
the  search.  Mr.  Gilbert,  however,  never  heard  a  syllable  of  the  discovery! 
Gentlemen,  can  it  be  .'  Can  it  be  that  he  should  not  have  told  it  to  Mr. 
Gilbert  ?  Is  it  not  astonishing  that  these  managers  should  first  learn  the 
fact  before  the  grand  jury  ? 

Gentlemen,  I  find  myself  led  into  an  earnest  manner.  I  draw  no  con- 
clusions. I  only  wish  to  direct  your  attention  to  the  prominent  parts  of 
the  testimony. 

I  shall  touch  on  only  one  other  fact  of  this  nature.  It  is  the  conversa- 
tion of  iMr.  Sickles  with  Mr  Haines  and  Mr  Brooks.  Mr.  Sickles  said 
he  should  be  a  manager,  and  that  they  could  then  play  into  each  other's 
bands.  That,  indeed,  would  not  be  proof  of  fraud  as  charged  in  this  li- 
bel- But  it  shows  that  he  contemplated  such  a  thing.  Mr.  Sickles  says  ;  j 
be  did  not  make  use  of  such  language — you  are  to  judge.    He  explains —     l| 


123 


you  fire  lo  judge  of  the  explanation.  But  you  will  reeojlect  further,  that 
Mr.  Sickles  told  one  of  them  he  would  endorse  his  notes,  he  would  assist 
and  befriend  him.  This  w  as  natural  enough.  You  are  to  decide,  hoW' 
ever,  upon  the  fact  of  his  intention,  and  to  gather  your  result  from  all  th« 
testimony  and  all  the  circumstances. 

And  here,  gentlemen,  I  take  leave  of  the  question  of  fraud.  If  in  any 
one  of  the  points  I  have  suggested  for  your  consideration,  there  is  sufficient 
proof  of  fraud,  then  the  defendant,  I  apprehend,  is  entitled  to  your  acquit- 
tal. If  there  lias  been  a  single  instance  of  fraud,  that  is  sufficient.  For- 
merly the  truth  of  a  libel  could  not  be  given  in  evidence,  now  it  is  a  justifi- 
cation. 

But  supposing  the  defendant  has  not  substantiated  the  charge  of  fraud, 
you  are  then  to  examine  the  high  prerogative  of  deciding  on  both  the  law 
and  the  fact,  and  of  saj'ing  whether  these  publications  he  has  made  and 
which  is  set  forth  in  the  indictment  were  made  from  malicious  motives. 
And  I  do  not  hesitate  to  say,  that  if  the  managers,  or  Mr.  Sickles,  or  any 
boy  connected  with  the  lottery,  has  countenanced  a  loose  way  of  busi- 
ness, so  as  to  give  ground  for  the  suspicion  of  fraud,  you  cannot  ascribe 
these  publications  to  malice. 

With  respect  to  the  managers  of  this  lottery,  I  have  the  honour  to  know 
some  of  them  intimately,  and  others  by  reputation  ;  and  I  know  no  men 
to  whom  I  would  sooner  entrust  my  life  or  interests.  And  I  rejoice  that 
they  are  not  to  be  charged  with  any  thing  that  partakes  of  fraud  in  this 
business. 

But  I  do  not  mean  to  acquit  them  of  a  dereliction  of  duty.  And  I  pro- 
ceed to  enquire  into  the  course  of  their  management- 

And  first,  I  place  at  the  head  and  front  of  their  offending,  their  appoint- 
ing Mr.  Sickles  where  he  is.  How  came  he  there  ?  He  seems  to  have 
dropped  down  then  by  accident.  But  what  part  do  they  let  him  play  ? 
Their  own  functions  to  the  full  extent.  If  it  was  necessary  to  have  an 
oath  against  fraud,  he  is  in  full  enjoyment  of  the  opportunities  for  fraud- — 
What  object  could  the  legislature  have  had  in  naming  managers,  when 
they  put  a  man  there  as  sub-manager  ?  And  what  do  they  do  in  relation 
to  Mr.  Sickles  .'  They  employ  him  to  put  up  the  tickets.  And  it  is  asked 
whether  it  can  be  supposed  that  they  must  do  all  the  duties  themselves. 
No.  But  in  appointing  agents,  they  were  not  to  give  greater  liberties  than 
they  themselve  enjoyed.  But  how  far  have  they  carried  this  ?  They  meet 
then,  to  count  the  tickets.  How  ?  They  do  not  recount  his  tickets  after 
hiin.  And  it  is  admitted  that  they  never  could  say  whether  he  put  in  more 
or  less  than  he  ought — And  if  these  suspicions  have  arisen  in  consequence  of 
llieir  dereliction  of  duty  or  their  misconduct,  the  defendant  shall  never 
suffer  for  declaring  the  suspicions  which  they  have  justified. 

Again,  the  managers  allow  Mr.  Sickles  to  sit  at  the  wheel ;  and  they  see 
him,  time  after  time,  drawing  out  tickets  by  the  handful,  and  putting  them 
into  his  lap — and  calling  them  off  as  he  pleases.  They  have  seen  (hi.s,  or 
tliey  have  not ;  and  in  either  case,  they  have  been  guilty  of  a  dereliction  of 
duty — And  if  the  boy  came  back  before  Mr.  Sickles  had  got  through  his 
tickets,  he  put  those  which  remained  back  into  the  wheel.  Are  then  the 
managers  to  find  fault  that  suspicions  are  abroad. 

Indeed,  they  have  all  of  tliem  suffered  the  boys  to  go  a  head  of  the  wheel, 
and  let  them  lay  the  tickets  on  the  knee,  or  in  the  lap  of  the  manager  who  sat 
to  receive  them.  Mr.  Sickles  does  not  deny  this ;  but  says  he  always  called 
them  as  they  came  out  at  marly  as  he  could.  Can  tliis  be  a  proper  mode  of 
drawing  the  lottery  ?  And  if  not,  has  it  not  been  countenanced  by  the  mana- 
gers ?— And  shall  Mr.  Baldwin  be  punished  as  a  libeller.''     I  Say,  no. 

One  other  circumstance  in  relation  to  the  three  tickets  shown  to  Mr.  Bur. 


124 

tus.  What  is  the  account  given  by  tl>e  manafjers  tlicmselvcs  of  this  ?  They  kept 
them  out  of  the  wheel  till  tlie  last  days  drawing.  Is  tiiis  correct?  I  have 
no  doubt  of  the  purity  of  the  nunagers'  intention.  But  is  this  correct .'  And 
shall  you  convict  this  man  in  consequence  of  his  havin;^  expressed  his  suspi- 
cions .''  The  drawing  was  going  on.  And  however  this  circumstance  might 
be  explained,  would  you  cull  the  man  a  libeller  who  should  avow  his  dissatis- 
faction .•*  What  do  they  do  with  those  tickets  ?  Do  they  take  them  and  lock 
them  up  .'  No — tliey  commit  them  to  this  sub-manager.  They  commit- 
ted them  to  Mr.  Sickles,  so  tliat  he  might,  and  so  that  he  did,  go  and  show 
them  about  the  town.  And  now  suppose  the  defendant  was  informed  of  cer- 
tain tickets  being  out  of  ihe  wheel,  that  Mr.  Sickles  was  actually  in  posses- 
sion of  those  tickets,  and  what  is  still  stionger,  tliat  Mr.  Sickles  did  in  fact 
communicate  with  certain  lottery  insurers  in  relation  to  those  very  ticket  and 
even  revealed  the  numbers  to  them  ;  and  suppose  the  defendant  to  have  been 
acquainted  with  all  this  at  the  time  he  published  these  pretended  libels— 
what  shaJl  we  say  .'  Are  you  prepared  to  condemn  him  .■'  I  think,  myself, 
with  tlie  counsel  who  opened  the  cause,  that  rather  tlian  expose  such  a  man 
to  censure  by  your  verdict,  you  ought  to  give  him  your  decided  commenda- 
tion. 

1  will  mention  only  one  more  circumstance.  It  does  appear  that  there 
were  not  only  numbers  out  of  the  number  wheel;  but  it  seems  there  were 
tickets  out  of  the  blank  and  prize  wheel;  and  remarkable  as  it  is,  there  was 
a  prize  of  10,000  dollars  drawn  to  one  of  these  after  they  were  put  in  on  the 
last  day  of  the  drawing — and  this  is  one  of  those  tickets,  too,  that  Mr. 
Sickles  was  showing  about  town.  Was  this  right?  I  think  they  ought  to 
Iiave  stopped  that  lottery  by  all  means.  They  liad  done  injustice  to  every 
owner  of  a  ticket.  And  supposing  the  defendant  had  heard  all  this,  no  man 
on  earth  can  say  that  he  was  culpable  for  laying  facts  like  these  before  the 
public — much  less  was  he  punishable. 

Gentlemen,  it  is  satisfactory  to  me  to  be  able  to  present  the  cause  in  this 
light.  Without  convicting  Mr.  Sickles,  or  any  body  else,  of  fraud,  it  is  in 
your  power,  if  you  think  the  evidence  will  warrant  you  in  doing  so,  to  acquit 
the  defendant  on  tlie  gi'ound  that  there  is  no  reason  to  believe  he  has  been 
guilty  of  any  malicious  intent  in  making  these  pnblications.  And,  gentle- 
men, I  wish  that  may  be  the  case.  I  do  not  say  that  it  ought  to  be  the  case. 
You  are  to  judge  of  the  question  of  fraud.  You  have  in  behalf  of  Mr. 
Sickles,  his  \enerable  appearance — an  old  man,  whose  head  has  grown  grey 
with  the  lapse  of  many  winters ;  and  I  am  sure  you  must  have  felt  as  the 
court  has  done,  and  been  disposed,  when  you  saw  his  eye  suffused  in  conse- 
quence of  the  touching  interest  of  his  situation,  to  let  fall  a  tear  with  him. 
You  will  also  consider  the  full  testimony  in  favour,  which  has  been  given  of 
his  former  cliaracter.  1  hope  the  cause  may  be  determined  without  con- 
demning any  body.  Whether  it  ought  to  be  so  is  for  you  to  judge.  You 
have  the  question  of  fraud  before  you  to  consider.  Decide  according  to 
your  own  opinions  and  your  consciences,  and  not  according  to  the  opinions 
of  other  persons,  whatever  may  be  their  stations. 

After  three  days  patient  nttention  to  this  cause,  the  jury  retired  from  the 
box,  about  two  o'clock  on  the  morning;  of  the  13th,  and  in  a  few  minutes  re- 
turned with  a  verdict  of  '•  NOT  GUFLTY."  In  their  absence  it  was 
proposed  that  they  should  add  to  their  verdict,  something  expressive 
of  their  favourable  opinion  of  iMr.  Baldwin.  EUvtn  agreed  to  recora- 
nicnd  him  to  the  consideration  of  the  state,  for  the  services  rendered  by 
his  publications.  One  only,  dissented — and  the  hour  being  late,  it  was 
thought  best  not  to  debate  the  subject.  When  the  jury  returned  to  the 
l>ox,  and  gave  in  their  verdict — there  was  a  silence — a  dead  alienee  of 
about  a  minute,  as  if  something  more  was  expected. 


